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HomeMy WebLinkAbout2001-06-12 Bd Comm minutes PREL! " 'ARY BOARD OF ADJUSTMENT I~ APRIL 11, 2001 - 5:00 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Vincent Maurer, Mike Paul, Kate Corcoran, Dennis Keitel, T.J. Brandt MEMBERS ABSENT: None STAFF PRESENT: Karen Howard, Sarah Holocek, Doug Boothroy, Mitch Behr OTHERS PRESENT: Dick Kruse, Ger Ambrose, Ga Smith, Judy Good, Gene Lariviere, Hamed Tewfik, rYDuane Musser,%om Gelman, John Kammerme er, John Hayek, Doug Boothroy, David Tingwald Joe Marran ~im Walker, Sarah Paulson, Claire Spansler, Steve Ballard ' CALL TO ORDER: Chairperson Corcoran called the meeting to order at 5:20 p.m. CONSIDERATION OF MARCH 14, 2001 MINUTES: Brandt moved to a prove the minutes of the March 14 2001 Board of Adjustment meeting as written. ~Jul seconded the mot on. The motion carried on a vote of 5 - 0. SPECIAL EXCEPTIONS: EXC01-00004. Discussion of an ap lication submitted by the Preuc Schoo of Mus c for a s ecial exception to establish a schPool of specialized instruction on lot 7 of the Northgate ~31~rporate Park, Phase 2 in the Research Development Park (RDP) Zone. Howard ave staff report. The Preucil School of Music has made a purchase offer to buy lot 7 in the No~tg ate Corporate Park Phase II. This a roximately 2-acre piece of land s n the Research~evelopment Park RDP) Zone. Lot 7 o~t~e Northgate Cot orate Park is zoned RDP. As a condition of this area geing zoned RDP a conceptual mas~gr plan and development standards were ado ted as a part of the zoning ~-equirements. Any bu Id n app cat on received for lots within this R~P Zone must comply with the master plan and development standards as submitted in January and March, 1990, respectively. Howard described what the new facility would be used for. She reviewed staff's comments on the seven general standards of 14-6W-2B of the City Code. Staff recommends that EXC01-00004 be approved subject to compliance with the general requirements of the RDP zone as well as the more specific requsrements outlined in the Northgate Corporate Park, Phase II, Development Standards. Public hearinq opened: Richard Kruse, 7 LonGview Knoll, Iowa City, Iowa, said he is the architect for Preucil and available for questions. Public hearinq closed. MOTION: Maurer moved to approve EXC01-00004 an a.p. plication submitted by the P?~"~FSchool of Music for a special exception t~ estab sh a school of spec a zed instruction on lot 7 of the Northgate Corporate Park Phase I n the Research Develo ment Park (RDP) Zone subject to compliance witR the eneral re uirements of the R~:)Pl~ zone as well as the more s ecific re uirements ou~Uned in ~e Northgate Corporate Park, Phase II, Development ~Pttandards.~eitel seconded the motion. Paur said he was in favor of the exce tion based on use and comp ance He sad Preuc I s a well-known institution and a ood citizen. This is a good Iocat on for the school. It will be compatible with other uses in tge area. Corcoran said she was in favor of the exception because the act v ty on the s te will be consistent with other uses in the RDP zone and the applicant agrees to meet the detailed develo ment standards of the master plan. The hours of operat on and park ng and traffic will be consistPe%t with other uses in the area. Keitel said he was in favor of the exception because the school will not interfere with other uses. Parking and traffic will not be a problem. Maurer stated he is in favor as submitted. Board of Adjustment Minutes April11,2001 Page 2 and traffic will not be a prob~m. The motion carried on a vote of 5-0. EXC01-00006. Discussion of an application submitted by Ambrose Properties, LC for a special exception to permit an auto and truck oriented use in the Communit Commercial (CC-2) Zone and to reduce the front yard setback for property located at 814/820 ~rchard Street. Howard ave staff report. The applicant is pro osing to lease the property to Budget car and truck ren?al. Commercial uses surround the sul ject property on three sides. Properties on the west side of Orchard Street are zoned single famdy residential (RS-8). Three single-family dwellings currently exist along the 800 block of Orchard Street across the street from the proposed development. Howard stated that the business owner provided the following information regardin the roposed use. He stated that the maximum number of vehicles that would be stored wo~J~rd be g0. At peak moving times in Iowa City, there will be a roximately 15 customers per day. In Iowa C~t there is quite a bit of weekend business an~l~e peak moving season corresponds with the ~Jniversity calendar. Since several single family homes are located directly across Orchard Street from the proposed auto and truck rental bus~ness, careful consideration should be given to this special exception request so that the single family-zoned properties are not unfairly affected by traffic noise, and brght ghts. Howard stated that the Zoning Code provides a number of standards that are intended to prevent or mitigate potential negative impacts when commercial uses are located adjacent to a residential zone. One of these is a screening requirement, which states in art, "screening shall be provided alon lot Tines or street right of way ~n a manner sufficient to efl'eactively obscure the commercial or inagustrial use from view." A second standard pertains to arkin near residential. The very nature of the proposed use necessitates that a large ortion otP~he s~e be reserved for vehicle maneuvering, parkIn , and storage. Therefore, the ap ~ccant has requested that the front yard be reduced from 20 fe~ to 5 feet in order to maximize tj~e amount of site area that can be used for maneuvering and storing rental car and trucks. Howard continued that staff feels that the front yard reduction request combined with the request to provide only the minimum amount of landscape screening will not be adequate to effectively obscure the commercial activity from the adjacent residential area. Staff has suggested to the applicant and business owner and recommends to the Board that the site be designed so that the building is located along the western property line, thereby screening much of the activity on the site from view of the homes. Howard stated that one of the purposes of the setback requirements is to provide options for privacy between properties. Granting a special exception to reduce the front yard in order to store cars and trucks in the area would both defeat the urposes of the setback requirement as well as the intended purpose of prohibiting arking in tPhe front yard on commercial properties located within 50 feet of a residential zone. I~he building were located along the Orchard Street frontage, effectively screening the auto and truck-oriented use from the residential area across the street, a reducbon of the setback may be reasonable. Staff does not recommend a reduction in the front yard along Orchard Street if it will be used for vehicle maneuvering, parking or storage. Howard outlined the staff recommendation that the Board approve EXC01-00006 a special exception to ermit an auto and truck oriented use in the Community Commercial (CC-2) Zone and a s ecia/~exception to reduce the front ard setback from 20 feet to 5 feet for the length of the bui~c~in wall that fronts on Orchardy Street for property located in the Community Commerci~] (CC-2) zone at 814/820 Orchard Street if certain conditions are met. Public hearin.q opened: Gerrv Ambrose, Iowa Citv, Iowa, showed a new drawing to the Board. He said they concur with staff on staff's suggestions to redesign the site so that the building is along the western property line. Maurer asked the length of Orchard Street frontage. Ambrose said it was approximately 110 feet. Board of Adjustment Minutes April11,2001 Page 3 Ga Smith Cedar Rapids, Iowa, said he's with Budget Car and Truck rental. He said they have 24~-~ot ana 15-foot trucks but not many ever just sit. He said extra trucks are stored at the Cedar Rapids airport. Ambrose said they think it is consistent with the neighborhood. Paul asked about customer parking. Ambrose pointed out where customer parking is. He said it is a day use business. Public hearinq closed. MOTION: Keitel moved to a prove EXC01-00006, a special exce tion to permit an auto an~k oriented use in t~e Communit Commercial CC-2) ~P~ne and to reduce the front ~..ard setback for property located at ~/14/820 Orchar~ Street, subject to the following conffitions: · The special exception is granted for as long as the property remains an auto and truck rental use; · The site must be designed so that the buildin is located along the western property line so that the commercial use is effec~vely screened from view of the adjacent residential zone · Any frontage along Orchard Street that is not covered by buildin area or drivewa must be screened according to the standards outlined in 14-6~-11 of the Zoning ~rdinance · Any s~gns located alon Orchard Street ma not be illuminated; and · Fascia signs located ~?ong Orchar.d Streetare limited to eight (8) square feet in SIze; and to a prove EXC01-00006, a special exce tion to reduce the front ard setback from 20 feet ~oI 5 feet for the length of the buil~in wall that fronts on (~rchard Street for property located in the Community Commerci~9 (CC-2) zone at 814/820 Orchard Street, subject to the following condition: · or any portion of the Orchard Street frontage that is not covered by a building, Paul sectFl~oenrdeeqcY~:rheedfml'o°t~tonY.ard remains 20 feet. Keitel said the interest of the public is protected by staff and the developer with the revised layout. Paul said this use is compatible with other uses in the area. Traffic will probably be lower than some other uses. He is in favor of the screenin requirement and moving the building to the western property line. This will not prevent redev~opment across the street in the future. Maurer said he's in favor as submitted. Brandt said he thinks it is a compatible use and traffic generated will not be as high as some other auto and truck-oriented uses that might locate in this same zone. Corcoran said the applicant has shown evidence that they will be in compliance With the revised site plan the use will be screened from view of the residential properties. The conditions suggested by staff will ensure that use does not unfairly impact residential development across the street. The motion carried on a vote of 5-0. EXC01-00007. Discussion of an application submitted b Judith M. Good for a special exception to permit a bed and breakfast inn on lots 17 18 and 1,~ of the Meadow Ridge Subdivision in a Single Fam y (RS-12) Zone. Howard ave staff report. Judith Good has made a purchase offer to buy lots 17 18 and 19 of the Meaag~w Rid e Subdivision. The eastern portion of lot 19 contains a conserva{ion'easement which was esta~o~ished at the time the subdivision was platted per the requirements of the Iowa City Sensitive Areas Ordinance. The applicant has no plans to develop lots 17 and 18 at th s time, desiring instead to maintain this area as open s ace for the bed and breakfast. Bed and breakfast inns are permitted as accessory uses in the ~S-12 zone by spec a except on f certain criteria are met and if the general special exception review standards are met. Howard also stated that the bed and breakfast will provide no more than five bedrooms to guests who will stay for periods not to exceed 14 consecutive days. The plot plan the applicant Board of Adjustment Minutes April 11, 2001 Page 4 has submitted shows that five off-street parking spaces will be provided on the property, which meets both the minimum off-street parkin requirements for a single family residence as well as the additional three spaces required for ~]ed and breakfast inns. Ms. Good has also indicated that she is aware that she will have to install fire protection equipment accordin to the Uniform Building Code and that signage for the inn is limited to one non-dluminated signgthat is no larger than two square feet in area. Staff concludes that there are no impediments or peculiarities to the ,property in question that would preclude the applicant from meeting the objective standards outhned. Howard outlined the staff findings that the specific proposed exception will not be in.~urious to the use and enjoyment of other property in the immediate vicinity and will not substant~all diminish or impair property' values in the ne~ hborhood because the RS-12 zone is intended ~/o provide for h~gher dens~t development ~ sin le-family dwellings and duplexes. The ap licant's proposal for a be~and breakfast inn estaglishes a lower density of develoJ?ment than o~erwise might be developed under the current zonin . Since the inn will be budt on one of the first properties along this frontage road, visitors ~yin at the bed and breakfast will not have to drive through the adjacent residential nei hborhoo~s to access the inn. Therefore, there will be minimal, if any, traffic impacts to the neigk%orhood. Howard stated that staff recommends approval because the RS-12 zone is primaril intended for hi h density sin le family residential development. Given the size of the pro e~y and the well-2e~signed site ~n that preserves existing trees and natural features use of ~)14is proposed sin le family home as a bed and breakfast inn will be consistent with the Comprehensive Plan for~his area of the City. Corcoran asked if this special exception runs with the land if it's sold. Holocek said if the use as a bed and breakfast ceased for six months, the special exception would expire. Keitel asked if the development is all on Lot 19 and what happens with Lots 17 and 18. Could 17 and 18 be developed in the future? Should application be amended for just Lot 197 Howard stated the applicant is re uesting a special exception for only one bed and breakfast inn, but is lanning to purchase ~1 three lots. The applicant has the option to dissolve the lot lines but lotPs 17 and 18 could be developed in the future according to the zoning requirements. Keitel confirmed that the exception does not preclude someone from building on Lots 17 and 18 in the future. Holocek stated that this was the case. Maurer asked questions about the names and locations of surrounding streets. Keitel stated that the street in front of the lots is a frontage road and is also called Dubuque Street. Public hearincl opened: Public hearincl closed. MOTION: Paul moved to approve EXC01-00007, an application submitted b Judith M. G""'6'8'd't~r a special exception to t~ermit a bed and breakfast inn on lots 17, 1~/, and 19 of the Meadow Ridge Subdivision m a Single Family (RS-12) Zone. Maurer seconded the motion. Corcoran said this development is less dense than allowed in zoning. The use will meet requirements for parking and extra fire standards. There is ade uate ingress and egress from the establishment. There is little or no impact on traffic in the nei~c~borhood. Brandt said it is not injurious to any neighbors and the traffic is not a safety issue. Keitel said he lives in that neighborhood and feels it is a well thought out plan and doesn't see any negatives. Maurer said he is in favor. Board of Adjustment Minutes April 11,2001 Page 5 Paul said it is a lower density use than allowed and thinks there will be no negative impacts on surrounding properties. The motion carried on a vote of 5-0. APPEALS: AP00-0001 lAP01-00002. Reconsideration of the Board of Adjustment decision of December 13, 2000 to deny AP00-0001, an appeal of a decision made by the Director of Housing and Inspection Services to deny a minor site Dlan submitted by Bloomin ton Properties, L.L.P. for a medical office building and associated arkin lot located at 51 0/51~gEast Bloomin ton Street in the Commercial Office (CO1)Zone. ,~P01-~0002 has been consoIidated with A~00-0001, as they concern the same subject proper~y and determinations by the building official). Howard gave the staff report. She described briefly the dates and relevant background information of the case. She explained how the site planning process is separate from the zonin requirements and is intended to ensure that lans for new development promote the most ~eneficial relation between present and proposec~uses of land. Howard listed the reasons cited by the building official in denyin the minor site plan as follows: failure to meet the vehicle and pedestrian circulation standard %4-5H-5F; failure to meet the minimum parking requirements as stated in 14-6N-1J; and failure to/;ocate the pro osed building and arEing lot in a manner that is compatible with surroundin properties (14-~- 1). The appel~antPis appealing the first and third code deficiency cited by thUgbuilding official. Howard stated that the vehicle and ,~edestrian circulation standard in the site planning ordinance requires that ap licants design a site so that "to the greatest extent reasonably ossible" it prevents hazar~to ad'acent streets or roperty. She stated that the applicant has tP~e burden of proof In this case, t~e building officialdid not believe that the a plicant had met this standard because the design would cause unnecessary interruption o1~ the pedestrian network along the street, remove on-street parking, and negatively impact the flow of traffic along Bloomington Street. Howard stated that traffic and pedestrian circulation includes not only the circulation on the site I the itself, but the surrounding network of sidewalks, streets and a leys in vicinity and how they function together. Howard continued that the buildin official also denied the plan based on the building location in that it was located behind the e~ablished building line in the neighborhood and was likely to reduce the enjoyment and privacy of neighboring properties. Howard stated that staff believes that the decision made by the Director of Housing Inspection Services was based on a reasonable application of the site plan review standards contained in the City Code and is consistent with the olicies of the Iowa City Comprehensive Plan and that is why staff is recommendin that the BPocard deny APOO-0001/APOI-00002 and uphold the decision of the building officiO? in this matter. Keitel asked if there is a maximum building setback in the Commercial Office Zone. Howard said there is no maximum setback in the Zoning Ordinance. Public hearinq ol~ened: Gene Lariviere, 1040 William Iowa City, Iowa, said he is one of the eneral partners. He said there are three reasons they 'have brought this back before the Boarag. Their patient's safety is priority over aesthetics. He said the one roadblock they were not aware of, that the City kee s refernng to is fitting in with the single finger of residential in this area that is predominantly CO'~. He said access to the building by the alley is unacceptable. Council to have one person in charge He said this denial was done somewhat underhandedly. Board of Adjustment Minutes April 11,2001 Page 6 Duane Musser, 202 Westwood Road, Williamsburq, Iowa 52361, said he is a partner of MMS Consultants. He was hired by Hod e Construction ~n December, 1999 to do a minor site lan. On June 9, 2000 they submitted ~gnat to Julie Tallman who usually reviews minor site p~ns. They went throu h normal revisions. Circulation and building location issues were never brought up by Tal~lmnan. He worked with Hodge Construction on a s ecial exception application in August 2000, which the withdrew. He met with Bob Miklo, Sco~Ku ler, a representative from Hodge Construction an~y Gene Lariviere to discuss options. He sai~] the next morning Tallman contacted him to inform him that their curb cut permit was not approved. Tom Gelman, 714 McLean Street Iowa City, Iowa, is the lawyer representing Bloomington Building Properties, L.L.P. He said ~eir persistence reflects their conviction. He asked to make photos submitted last time part of the record. He submitted ama showing a larger area of the CO1 zone. He articulated concerns about the First Assistant ~iity Attorney advising the Board of Adjustment. He said his clients are concerned with public input in the appeal process, either for or against the appellant. They feel it is inappropriate. Gelman outlined his ar uments on behalf of the appellant, to overturn the building official's decision based on his ~egal brief submitted to the Board. He distributed various ieces of evidence in sup ort of the a pellant includin pictures and a memo from Eleanor Di~}l~es, City Attorney to the ~ity Council ~alted March 29, ~001; in reference to the rezoning of 4.01 acres on the east side of Harlocke Street, in which she stated that the purposes of the Sensitive Areas Ordinance should be used as a uide in interpreting and evaluating the specific requirements but not as an independent basis ogf denial. He said the owners believe that the minor site plan submitted to the City of Iowa City fully complies with the re uirements set forth in the City Code and that the Build~n Official's refusal to approve the site ~c~an is in error and should be reversed by the Board of A~ustment. It is the owner's position that they have fully complied with the express provisions of the Zoning and Site Plan Review Ordinance applicable to the site plan as submitted and that the Building Official's identification of two alleged Code deficiencies was based upon either imposition of design standards inapplicable to the owners' project and/or design standards imposed by the Building Official without any legal basis or authority to do so. Gelman stated that the decision of the Building Official regarding buildin location does not reference any violation of a design standard. Those design standards are ~e substance of the Site Plan Review Ordinance. The Building Official's denial of the site plan for failure to comply with desi n standards that the City Councd has chosen not to impose upon office buildings was illegal an~] an intrusion on the City Council's ultimate legislative authority. Gelman stated that one of the 'ustifications given by the Buildin Official for his decision to restrict all street access, and {hereby prevent this develo mehgt, is that the property has adequate sufficient access to the alle. He has ignore~° the fact that alley access in inappropriate for the owner's intended an~permitted use. Gelman stated that a fundamental principal of municipal law is that the City, when exercising its general police power through re ulatory ordinances, must be specific and avoid va ue and ambiguous regulations. The pubicL must be able to understand the laws that affect ~hem. A Building Official having broad discretion to impose otherwise unarticulated design standards gives property owners no reasonable advance understanding of the rules and regulations that may be applicable to property that they own or may wish to acquire. Paul asked how many parking spaces are available underground. Gelman said 17. Corcoran asked why these design standards don't apply to CO1. Gelman cited the code: 14-5H-5 N. He said the building official tried to apply this to his decision although he never cited the code. Paul asked if he tried to apply this based on what in Gelman's opinion. Gelman said based on a legitimate design concern that he couldn't legally enforce. John Kammermeyer, 404 East BIoominqton Street, Iowa City, Iowa, s oke in favor of the appellant citing reasons in his letter to Doug Boothroy, dated December 6, ~000. Board of Adjustment Minutes April 11,2001 Page 7 John Ha ek 120 ¼ East Washin ton Iowa City, Iowa, responded to the appellant's arguments on behal;(of'Doug Boothroy citinga~is legal brief submitted to the Board. He said he is disappointed in hearing terms like "underhanded", "outrageous", "facts distorted" and "disingenuous. He said the issue before the board of adjustment is not whether board members, if the were the building official, would have made a different decision nor is it whether, for example, it is good ublic policy to regulate building sitin and development. The appropriate question to be consic~red by each member of the board s~ould be has the appellant proven that Mr. Boothroy made an error in denying approval of the site plan. Ha ek continued stating that the site plan review ordinance rants considerable discretion to the bui~'~lin official. Such a grant of discretion is necessary~ecause it is not possible for the legisla~ve body, in this case the city council, to anticipate all of the possible issues that would arise over the years necessary to ensure the orderly and harmonious development of properly. Hayek explained that Mr. Boothroy found that the pro osed site plan negatively impacts vehicular and pedestrian circulation and therefore canno~°be approved. The design standard specifically authorized the City to limit entrances and exits upon adjacent streets. Thus Mr. Boothroy's first reason for denying plat approval is specifically related to and based upon one of the enumerated design standards in the ordinance. He said Mr. Boothroy pointed out the relationship between the building, the street, and the adjacent buildings has a direct impact on the character of the neighborhood. Such a finding is entirely consistent with the purposes of the site plan review ordinance. Douq Boothro , Iowa City Housinq Inspector, spoke on his own behalf to defend his decision. He explained ~e decision-making process and that the whole tone of the process was how to make this work in this sensitive area. He explained the history of the site plan review ordinance. He said his decision to deny the site plan was based on input from many individuals. He cited his reasons for denial. Bloomington Street is in an older Iowa City nei hborhood where the street and pro ert layout is desi ned for vehicular access to be primarY; from the aile . This established s~ee~design and veRicular circulation pattern is one which the City wishes tYcj maintain. The development [~roposal requires direct driveway access to Bloomington Street, which conflicts with the existing street layout and is out of character with development in the neighborhood. The relationship between the buildin , the street, and ad'acent buildings has a direct impact on the character of the nei hborhood. ~he Cit is require~ to review proposed developments to ensure that property is ~]eveloped in an orderly and harmonious manner which results in the most beneficial relationship between Rresent and proposed uses. The proposed building location on the site plan is in violation of this site plan ordinance purpose. Corcoran asked about other medical developments in the Commercial Office Zone. She referred to the letter from Boothroy to Lariviere of November 9 2000. In the letter Boothroy lists the def c enc es and reasons for denial. Paul asked if in hindsi ht, Boothroy thought it practical to expect doctors, sur eons and orthopedists to go into ~sto houses that exist for their offices or if there should gr;ave been more specific language in th~r~eginning of what was expected. Boothro said it wasn't limited to doctor's offices it could be la_wyers. He said they never got into this lev~of deta when the zon ng was adopted. They spoke of CO1 as limited commercial. Brandt asked if Boothroy normally gets involved in minor site plans reviews. Boothroy said minor and major site plans are brought to him regularly. Brandt asked if MMS Consultants brought the site plan to Tallman, did she come to Boothroy with questions. Boothroy said she came to him with questions about building location and he brought to her attention the petition that he had received. Board of Adjustment Minutes April 11,2001 Page 8 Keitel pointed out other CO1 Zoned areas on the City map. He asked if in other CO1 areas Boothroy has run into issues of building location in site reviews. Boothroy pointed out differences with the other developments. David Tinqwald, 814 East Market Street, Iowa City, Iowa, s oke in favor of upholding Boothro.y's decision based on the structure not fittin in with the neighborhood and the vehicle/pedestrian circulation being a safet issue. He sai~9 the traffic concern is not volume but adding a new element of complexity in ~affic patterns in the neighborhood. Joe Marran, 508 Bloominqton Street, Iowa City, Iowa, spoke in favor of u holdin Boothroy's decision based on the fact that the existing usage is overwhelmingly resi~e~ntial. ~le said that block has a double-wide alley that serves as a common drivewa . He emphasized that the concerns of the neighborhood are a reaction to design and not anti-~velopment. Tim Walker, 621 North Johnson Iowa City, Iowa, spoke in favor of upholding Boothroy's decision. He said another battle o{~ the north side is investor/owners letting laces run down so they can rebuild. He said he believes Blooming]ton Properties is appea~ir~g again because members of the Board have changed and it's a timing issue. Sarah Paulson 416 North Linn Street, Iowa CityI Iowa spoke in favor of upholding Boothroy's dec s on citing I~is right to use discretion within guidelines. Claire Spansler, 413 North Gilbert, Iowa City, Iowa, spoke in favor of upholding Boothroy's decision stating that the decision best serves the mixed character of the Bloomington Street neighborhood. She said businesses are welcome and flourish in this area because they are compatible. Gelman clarified that his clients are not against public input, but they feel in this process it is unacceptable. He said the building official's decision is made without public input and the appeal process should be made without public input. He stressed that the decision of the Board is not whether they agree with Boothroy, but whether his decision was based on standards. He said he wants to verify that the packet of information sent to the Board members be made part of public record. Public hearinq closed. MOTION: Keitel moved to grant AP00-0001/AP01-00002, an appeal of a decision made by t'h'~'DE~ctor of Housing and Ins ection Services to den a minor site plan submitted by Bloomington Pro erties L.L.P. Your a medical office bui~/ding and associated parking lot located at 510/51J~ East bloomington Street in the Commercial Office (CO1) Zone and to overturn the building official's decision. Paul seconded the motion. Keitel said Mr. Boothroy's duties are administrative and felt that Mr. Boothroy is legislatin in this case and he overste ped his bounds and is in main reason that will vote in afffirma~ve. There is no maximum se!t~ack in CO-1 zone. Mr. Boothroy did not have discretion to legislate building setback in this case. The curb cut issue seems to be a clear violation of the site plan ordinance because one access to a street should be allowed, Maurer a rees that the City was in error because it allows curb cut for each lot. Alley should not be consi~gerred a street because it is not maintained to the same standard as cit streets. This is a CO-1 area that is changing and a medical office will be an im rovement. Additional traffic will be a factor but with the change in a CO-1 area it is likely ~ happen despite the existing residential uses. Paul stated two issues he keeps thinking about. What can citizens rely on? Can we rely on specific standards and what is reasonable to expect. Building official rehed on purpose section and not on specific standards and this is an error. Appellant seems to meet all the standards for the zone. The Building Official used discretion not available to him. Brandt agrees with Paul that Mr, Boothroy made an error rel ing on the purpose statement rather than on the standards. Brandt stated that he drove down ~loomington Street from Clinton Street down to Dod e Street and saw 15 north side curb cuts. Vehicular circulation and traffic is not a significant problem. One more curb cut is not going to be a significant safety problem. This Board of Adjustment Minutes April 11, 2001 Page 9 is a commercial area. The alley is not adequate access to a medical practice. It is a safety problem. Paul stated that no evidence was presented that traffic and vehicular circulation will be a problem if a curb cut is granted. Corcoran concurs with other Board Members. She has char~ged her mind on this matter since December. She found Mr. Gelman's argument very ersuaslve, because regulations cannot be vague, and citizens need reasonable and construc~ve notice of the rues. Rules of statutory construction are that specific standards must ap I over general. ML Boothroybbased his decision on traffic circulation. She a rees that the ~i has ri ht to restrict access, ut the City cannot totally deny access to a stre~. The facts do n~o~suppoR denying a curb cut. As for the building location, Corcoran stated that there is no building setback requirement and that the building official relied on the purpose statement instead of the design standards. There t was not sufficient legal or factual basis for denying he site plan. Keitel stated there ma be some problems with the ordinance that have been brought up with this appeal and wouldencourage Mr. Boothroy and Plannin and Zoning to look at this and perhaps improve the language so that these types of appeals ~on't come up again. The motion carried on a vote of 5-0. AP01-00001. An a peal of a decision made by the Director of Housing and Inspection Services in the enforcementPof the Iowa City Zoning Ordinance to the effect that the use of a portion of property at 319 East Washington Street as a parking lot is not a permitted use. Holocek said it is her o inion that the Board does not have jurisdiction or authorit over this appeal, and therefore thPe matter should be dismissed. If the Board decides to ~ismiss the matter, the Board's findin s and conclusions should adopt this opinion and note lack of jurisdiction and authority to~ear the appeal. She cited arguments from her memo to the Board dated April 4, 2001. Public hearincl opened: Steven Ballard, 222 South Linn Street, Iowa City, Iowa lawyer for Robert Burns, argued that the Board of Ad'ustment does have authority to hear this appeal based on reasons cited n h s br ef to the Boar~ dated April 11, 2001. The Board decided to defer the discussion of whether the Board has jurisdiction over this matter h to May 9, 2001. They would like le al briefs from both sides. If it is decided at t at meeting that the Board has jurisdiction they will Rear the facts of the matter at their June meeting, MOTION: Keitel moved to defer AP01-00001, an appeal of a decision made by the Director o'f'R'8'~sing and Inspection Services in the enforcement of the Iowa City Zoning Ordinance to the effect that the use of a portion of property at 319 East as ington 2 '1 W h Street as a parking lot is not a permitted use until the May 9, 00 Board of Adjustment meeting. Brandt seconded the motion. The motion carried on a vote of 5-0. ADJOURNMENT: The meeting was adjourned at 11:02 p,m, Board Chairperson Board Secretary Minutes submitted by Diane Crossett ppdadnVmln/boa04-11-01 doc PRELIMgNAR MINUTES ~', 4b(2) BOARD OF ADJUSTMENT MAY 9, 2001- 5PM Su ject to/ proval CIVIC CENTER COUNCIL CHAMBERS b Board Present: T.J. Brandt, Dennis Keitel, Kate Corcoran, Vincent Maurer and Mike Paul Staff Present: John Yapp, Karen Howard, Sarah Holecek, Mitch Behr Others Present: Steve Ballard, Jim Wachendorf, John Fitzpatrick, Randy Dowries, Dick Donohue, Larry Christianson, Steve Rohrbach ROLL CALL All present CONSIDERATION OF MINUTES FROM April 11,2001, MEETING Corcoran noted several changes to the minutes including the need for more detail in the Findings of Fact for the appeal case. Yapp suggested that staff make the changes over the next month and the April minutes can be brought back to the Board at the next meeting for consideration. The Board concurred. Corcoran explained the procedures to all in attendance at the meeting. APPEAL AP01-00001 - An appeal of a decision made by the Director of Housing and Inspection Services in the enforcement of the of the Iowa City Zoning Ordinance to the effect that the use of a portion of property at 319 East Washington Street as a parking lot is not a permitted use. City Attorney Holecek noted that the opinion of the City was included in her brief that was a part of the Board packet. Steven Ballard, attorney for the appellant, spoke on behalf of his client. He noted that he had outlined the position in the brief that he prepared. He said that he cited the case that noted that the jurisdiction of the subject matter is the power to hear and decide cases of the general class for which the proceedings belongs. Mr. Ballard contended that this case would be defined as clearly fitting under the zoning matters that fall under the Board's purview. The case concerns a zoning matter as they contend the parking lot at Washington Street should be able to continue as a non-conforming use. The disagreement focuses on whether it is a non-conforming use or not. Ballard noted that a provision from the Iowa City Code of Ordinances states that the Board of Adjustment has the power to hear and decide appeals where it is alleged that there is an error in any order requirement, decision or determination made in the enforcement of the zoning ordinance. Ballard and his client contend that the City Building Department has made the determination that the parking as it exists behind his client's building is not a non-conforming use. There is no Iowa case to cite in this matter. The statute that tells this board what its authority is states that matters can be appealed to the Board of Adjustment when there is an alleged error in enforcement of a zoning ordinance. Ballard asked what could be more of an enforcement of a zoning ordinance than issuing a formal citation and taking someone to court. If the City Attorney or Council want it to be restricted to site plans or building permits, they should amend the ordinance. Otherwise they have to live with the current ordinance that states that this board has the power to hear the case when there is alleged error in enforcement. Ballard stated that if this Board agrees to hear the appeal the City may participate in a proceeding before this Board. He opined that this is important because in the first instance the Zoning Code empowers the board to make decisions in review of zoning enforcement. Ballard stated that this Board has quasi-judicial powers and it should exercise its powers. Ballard concluded by suggesting that this is an esoteric legal question. The City Attorney represents the City in the lawsuit before the court. Ballard said that he is before the Board representing his client and advocating for his client as well as representing the client before the District Court. Now by the wording of Board of Adjustment Minutes May 9, 2001 Page 2 the statutes Holecek sits as a representative of the City at this meeting for the Board of Adjustment. Ballard recommended that the Board seek independent legal counsel. The evidence has not been concluded in the District Court. Judge Gerard, the District Court judge, asked to be informed of the Board's decision. Finally Ballard requested a change in dates for the hearing if the Board did decide to hear the evidence because of scheduling conflicts. He requested that the Board hear the matter at their July meeting rather than the June meeting. Corcoran asked if Ballard had seen the memo to the Board. Ballard responded positively. Corcoran asked how Ballard would respond to the tardiness of the appeal being filed. Ballard said he was not sure when exactly the City made the determination that the parking was not in compliance. He said that the decision was not made in 1993 when a building permit was issued that clearly showed the parking configuration that existed for sixty years and continued to exist. Ballard suggested that the determination was made sometime between the September 1, 1995 and November 1999, when City staff made the decision that the parking was not in compliance. Corcoran asked when the application for special exception was filed. Ballard responded that it was dated December 1996. Ballard explained that the client had proposed to build a residential tower onto the original building. When his client approached the City, he was told that he needed to apply for a special exception for the parking. The special exception was granted and then expired. The client was told they could net build residential dwellings over a parking garage. In his client's mind since the tower was not built, he didn't need a special exception for the parking. A three-year period passed before a citation was issued. The decision that the parking was illegal was evidently made before the citation was issued. Maurer asked what the difference is between a non-conforming use and a grandfathered use. Ballard said that it is the same in his opinion. He said that he would defer to the City staff. Maurer confirmed that the City has filed a lawsuit. He inquired why the District Court action continues. Ballard said that he felt the both roads were being pursued so that the matter could be addressed in a timely manner. Ballard argued that with the way the Zoning Ordinance is structured this Board has the power to act. He views this Board as acting as a buffer in these kinds of matters. Ballard stated that he believes that the City has made an error in determining that the parking is illegal. Maurer asked who else would like to use the lot. Ballard said that there are four spaces and the owner would like to have additional spaces. It all depends on how the area is striped and configured. City Attorney Holecek commented that she did not see herself in an advocacy position. She stated that she represents the Board of Adjustment and has given them her opinion. With regard to the issue of conflict of interest Holecek commented that this Board is part of the City. In her discussion with other city attorneys throughout the state their response to whether or not her involvement in an enforcement action would affect her ability to advise the Board; the overwhelming response was that it is all related to City business and that it should not affect her ability to advise the Board on the legal matters involved. If the Board had any questions Holecek said she would be willing to answer them. Maurer asked how the determination and decisions relate to this Board. Holecek said that the Board has jurisdiction over matters that would affect property rights and this generally relates to the issuance of a building permit. In this particular case, she believes that this determination was made many years ago when this Board issued a special exception for the parking. A special exception generally lasts six months. The applicant has six months to act on the special exception and then the special exception lasts indefinitely. Keitel asked about the grandfather clause. If the use of the property changes does this change the intent of the grandfather clause. Howard said if a use is discontinued for more than one year then the property must be brought into compliance. This property was a newspaper facility until 1991. It was purchased by Mr. Burns in 1993 and converted to housing in 1995. Holecek noted that when the change of use occurs the new use needs to be in compliance with all zoning regulations. Board of Adjustment Minutes May 9, 2001 Page 3 Corcoran asked if the description of the extent of the authority of this Board to hear appeals is stated in Ordinance 14-6W-2A. Holecek said yes and that the City's ordinance is directly modeled after State Law. Attorney Ballard stated his opinion that the ordinance is an issue. He also noted that there are parts of the Zoning Code that refer to the unlawful use of a building or land. In his opinion, the land use in this case has not changed even though the building use may have changed. MOTION: Paul moved to grant a hearing of AP01-00001, an appeal of a decision made by the Director of Housing and Inspection Services in the enforcement of the Iowa City Zoning Ordinance to the effect that the use of a portion of property at 319 East Washington Street as a parking lot is not a permitted use. Brandt seconded the motion. FINDINGS OF FACT Corcoran said that she would vote to accept jurisdiction. This Board has the authority to hear and decide appeals where there is subject matter jurisdiction. She also noted that the City has pointed out that the case law that exists has to do with site plans. She stated that she believes that the matter does affect property rights and is in the enforcement of the Zoning Chapter. Paul stated he would vote to hear the appeal. He concurred with the Chair's statements. Maurer concurred with the other board members. He said he would vote in favor of hearing the appeal. He did agree that the filing was delayed. Keitel said that he agreed that these types of issues are one of the principal purposes of the Board and he would vote in favor of hearing the appeal. Brandt said that he has been struggling with this matter for the past month. He is inclined to vote against the jurisdiction matter. This Board several years ago made a decision to approve a special exception and the applicant was given sufficient time to resolve the matter. He said he also took offense to the District Court throwing it back in this Board's lap. If it has gone to District Court then he feels it should stay there and be ruled on the legal grounds and based on those merits. He said it is now being brought back to the Board by the client and the District Court and it makes him wonder why there is both a District Court and the Board of Adjustment action. When the matter has made it to the District Court docket it should stay there. Brandt said he would vote against the matter. The motion passed on a vote of 4-1 with Brantit voting against. Since the appellant has a conflict on June 13th, the hearing was set for July 11th. EXC01-00005. Discussion of an application submitted by Iowa Gamma Alumni of Sigma Phi Epsilon for a special exception for a yard reduction permit an accessory structure, specifically a storage shed, to be located within five feet of the Ronald Street right-of-way, for property in the Medium Density Single Family (RS-8) zone at 220 Ronald Street. Yapp stated that staff spent some time reviewing the setback issue. Staff did not realize that the shed was set in a single-family zone until recently. The fraternity is located on Dubuque Street in the High- Density Multi-Family (RM-44) zone. The shed, however, is located on a Medium Density Single-Family (RS-8) zone. Multi-family uses, even accessory multi-family uses, are not permitted in single-family zones. Since the shed is an encroachment of a multi-family use on single-family zone staff recommends that the special exception be denied. Maurer confirmed that a dumpster is adjacent to the shed. The fence around the dumpster was installed in the last few months. Yapp said the issue before the Board is the location of the shed, not the dumpster. Yapp explained that the City cited the fraternity after receiving a complaint about the shed. The shed was in place for about ten years before the complaint was filed. Corcoran asked why the issue was before the Board. Yapp explained that the City after receiving a complaint about the shed cited the fraternity for having a shed too close to a property line. Then the fraternity applied for a special exception for a setback reduction to allow the shed to remain where it is. Board of Adjustment Minutes May 9, 2001 Page 4 There are two city codes that affect the location of the shed. Accessory buildings are not permitted in the twenty foot front yard and they are required to be five feet from the side property line. The special exception for a yard reduction would have reduced the size of the front yard to allow it to remain where it is in relation to Ronalds Street. A variance would be required for the shed to be located closer than five feet to the side property line. Regardless, staff has determined the shed is located in a single-family zone, and because it is a multi-family use, is not permitted in its current location at all. PUBLIC HEARING OPENED Attorney Steve Ballard spoke on behalf of the fraternity as a member of the alumni board. The fraternity purchased the property adjacent to the fraternity. They have since sold it to another party. Ballard said fraternities are frequently cited for one reason or another. It is a struggle to have a residential setting that complies. The city cited the fraternity for the location of the dumpster and the shed. During one inspection the City inspector told the fraternity that lawn mowers could not be kept in the basement, so they built a shed next to the building. Some years later the fire inspector said that the egress from the fraternity had to be improved. For this reason the shed was moved to its present location. Issues with the dumpster have been resolved with the Housing and Inspection Services Depadment. Ballard pointed out that immediately to the east there is a parking lot between the property and the home. When the home was owned by the fraternity both the tenant and the fraternity used the dumpster. Regardless of whether the shed is moved or not, the visual impact will remain the same because the fence will remain in place and the dumpster will remain in place. It is impractical to locate the shed somewhere else. Yapp noted on April 17, 2001, a letter was sent to Don Crum advising him that a variance would be required to keep the shed in its current location. The first week of May, Crum was notified by phone that the City would be recommending against this application because it is located within a single-family zone. Keitel asked when the fence on the east side of the property was built. Ballard said the fence was in place for approximately ten years. It has been replaced from time to time. Keitel asked why the good side was not put toward the neighbor. Ballard did not have the reason for this. Jim Wachendorf spoke on behalf of the fraternity. He said the property where the house is was owned by the fraternity for seven to eight years. The woman who owned the house at the time was in agreement with location of the shed and dumpster. When the house was sold complaints began. This is when the city began issuing citations. When the shed was replaced the fence around the dumpster became an issue. It has been on ongoing problem. Paul asked if the shed was relocated how many parking spaces would be affected. Wachendorf stated that it would be approximately six spots that would be disrupted. Ballard said that part of the issue of the location is so that the garbage truck can pick up the trash. Yapp noted that correspondence was received from Northside Neighborhood Committee. Yapp said the Board should focus on the shed. The City does not have an issue with the fence. The reason that multi-family uses, even accessory uses, are not permitted on single-family property is that it could result in an increase in the intensity of the multi-family use. This is why there is a zoning boundary. Yapp said the shed is 10'xl 1' and he finds it hard to believe that moving it would displace six parking places. John Fitzpatrick said he purchased the properly from the fraternity. He lives in the neighborhood at 721 North Linn. He said he would support the basis for the City's position on the matter. The higher density has slowly encroached on the lower density. Fitzpatrick said that he has great difficulty in renting the property because of the garbage and fence combination. It is an illegal use to impose the high density uses on the lower density issues. To the east side on his property there is blacktop tarmac that had been put in place for parking. The access to the dumpster was brought up. A dumpster was placed close to the fraternity building during Board of Adjustment Minutes May 9, 2001 Page 5 construction last summer. There are two other dumpsters in the neighborhood. One is in Lot 5 and Lot 4. They are located in the alley and are serviced there. Ballard said this is the first time he has heard that there is a need for a variance. He said that the fraternity would continue to try to be a good neighbor and citizens of Iowa City. The City has approved the location of the dumpster and it will be enclosed. Yapp stated that this was not the case. The applicant was informed both by phone and by letter that a variance would be required. PUBLIC HEARING CLOSED. Brandt recused himself, as he is a personal friend of Mr. Fitzpatrick's and has also done work for Mr. Fitzpatrick. Paul also advised Corcoran that he is an associate of Don Crum in the same real estate office. Corcoran asked if this would prohibit him from making a fair and impartial decision and Paul indicated that it would not. It was determined to be appropriate for him to remain on the Board for this matter. MOTION: Keitel moved to accept the application submitted by Iowa Gamma Alumni of Sigma Phi Epsilon for a special exception for a yard reduction permit an accessory structure, specifically a storage shed, to be located within five feet of the Ronald Street right-of-way, for property in the Medium Density Single Family (RS-8) zone at 220 Ronald Street. Paul seconded the motion. FINDINGS OF FACT Paul said that be struggled with this matter. He said he is sensitive to neighbor of the adjoining property. The fact that it is a single-family zone and he did not want to set a precedent that could allow this type of situation to repeat. He said that he would like to think that there is a more reasonable location. He said he would vote against approval. Corcoran said she would vote against the motion. This is a clear case with the structure located in the single-family zone. The whole idea of the Zoning Code is to provide for protection of the public health and welfare. It is a very clear case as this structure is not a permitted use. It is right on the properly line. The area that it is zoned for does not provide for this use. This Board is not designed to rezone something. Based on the evidence presented this use is not permitted. Maurer asked about the number of cars that would be moved. He asked how big this building really is. He also said that he was amazed that in essence (the fence around the dumpster) another shed has been built. If he were in the neighboring house he would not like the shed to be built either. He said he would vote against the motion since it is an illegal encroachment. Keitel stated that he also would vote against the motion for the reasons stated by his colleagues. He said if he lived in the house he would not like to have a shed 18' from his house. He said that he believes the wrong course of action has been taken. A more appropriate action would be a re-zoning of the area to a like zoning of the adjacent lot. The motion failed on a vote of 0-4 with Brantit abstaining. EXC01-00009. Discussion of an application submitted by Hy-Vee, Inc. for a special exception to permit an auto- and-truck oriented use, specifically a drive-through pharmacy, for property in the Neighborhood Commercial, CN-1, zone at 1201 North Dodge Street. Yapp said that this is a special exception for a pharmacy at the North Dodge Hy-Vee. A special exception was granted by the Board in 1999, but has since expired because the Hy-Vee did not take some action on it. Trees and shrubs were required to be replanted when this exception was approved in 1999. Hy- Vee has now replanted the trees and shrubs. Special exceptions for auto and truck oriented uses are required because they have the potential to be detrimental to other vehicular traffic. Staff believes the proposed drive-through is well separated from Board of Adjustment Minutes May 9, 2001 Page 6 other pedestrian and vehicular areas. Staff recommends approval of this application. One issue in 1999 was the potential for a loudspeaker system since there are single-family dwellings in the area. PUBLIC HEARING OPENED Randv Downs spoke with Hy-Vee Engineering Department. He apologized for the delays in getting this project underway; however there were matters that delayed the project. The contractor is ready to start construction as soon as the building permit is approved. Dick Donohue spoke and said that his properly is on the north side of the Hy-Vee property. He said that he is very disappointed with the remodeling of the property that took place two years ago. There is noise and light pollution, There are repairs that were started and have not been finished by Hy-Vee. He is concerned that this remodel project will add more light pollution. He said that he believes that the last project should be reviewed. Yapp said that he was not aware of the lighting issue. He said it does depend on when the building plans were approved if downcast lights would be required. The current lighting standards for downcast lights may have been adopted after the Hy-Vee remodeling was underway. Yapp said that the hours of operation were discussed in 1999. If there are concerns about nighttime noise then the Board may want to discuss this time. Downs said that he was not sure of times, but he thought the pharmacy would be open until 8PM or 9PM. PUBLIC HEARING CLOSED. MOTION: Keitel moved to approve of an application submitted by Hy-Vee, Inc. for a special exception to permit an auto- and-truck oriented use, specifically a drive-through pharmacy, for property in the Neighborhood Commercial, CN-1, zone at 1201 North Dodge Street provided that the hours of operation are restricted to 7AM to 9PM and that no loudspeaker system could be used. The motion was seconded by Maurer. FINDINGS OF FACT Paul said that he would vote in favor of the motion. He said that he has found Hy-Vee to be acceptable in the completion of their other projects. He is sensitive to the neighbors. The drive-through has been designed well, He does not believe it will endanger the public's health of safety. Maurer concurred with Paul and said he would vote in favor of the motion. Brandt said that he would vote in favor of the motion. He said that he sat on the board when it was approved two years ago. He said he did not see any reason to not approve it again. Keitel inquired about the lighting ordinance. Yapp said that he would have to check into the timeframe. Keitel said he would vote in favor of the motion. Corcoran said that she would vote in favor of the motion for the reasons explained by her colleagues, The design and location have been done in such a way to minimize the impact on the adjacent residential properties, There is enough storage for car stacking. The motion passed unopposed on a vote of 5-0. EXC01-00010. Discussion of an application by Christ the King Lutheran Church for a special exception to permit an expansion of a religious institution in a Low Density Multi- Family (RM-12) Zone at 325 Mormon Trek Boulevard. Howard said the property is located at the corner of Melrose and Mormon Trek BIvd. The church has been on the site for nearly forty years, The church meets all the standards for religious institutions contained in Article L of the Zoning Ordinance except for the minimum yard requirement, The minimum yard requirement states that two feet of horizontal distance shall be provided for each foot of building Board of Adjustment Minutes May 9, 2001 Page 7 height. However, since the church existed prior to the adoption of this requirement the church is a legally non-conforming structure and they are allowed to modify the structure as long as the modifications or expansion does not extend or increase the non-conformity. In this case the church is proposing to build an addition on the southwest side of the property and it will not increase the non-conformity. Therefore, the Board should not consider the minimum yard requirement a problem. Howard stated that the proposed exception also meets the general special exception review standards. The proposed addition will not be a detriment to other properly, because it will provide better pedestrian and traffic circulation on the site. They will also connect to the City's water and sewer system. Corcoran confirmed that this exception would be for this use alone. Howard informed the Board that she received a phone call from Dr. Glen Jacobsen, the adjacent property owner, who wanted to let the Board know that he was in full support of the Church's application. PUBLIC HEARING OPENED. Steve Rohrbach is the architect for the church. What is being done to the site as it stands now is very minimal. Very little is changing on the site. It is a one-story structure. It will provide a larger narthex for people to gather in. This will allow for people to leave at a more staggered pace and is an improvement. MaurV Christensen, a member of the Christ the King Lutheran Church, stated that the classrooms and facilities are being used by various community groups. The church donated the nearby bus shelter to the City. The church property has been maintained for the neighborhood over the past twenty years. The congregation would appreciate the approval of the special exception. PUBLIC HEARING CLOSED. MOTION: Maurer moved to approve EXC01-00010, a special exception to permit an expansion of a religious institution in a Low Density Multi- Family (RM-12) Zone at 325 Mormon Trek Boulevard. The motion was seconded by Brantit. FINDINGS OF FACT Keitel said that he would approve the motion. He said he was especially impressed with the church going to City water and sewer system. Corcoran said that she would vote in favor of the motion. She too felt that the sewer and water improvements would be more healthy, safe and beneficial. The proposal would have little impact. The pedestrian and traffic situation will be improved. Brandt said he would vote in favor of the motion for the same reasons articulated by the chair. Maurer said that he would vote in favor of the motion. Maurer said that the health of the soul is will be approved as well. Paul said he would vote in favor of the motion. He did note that the church picked a good time with the university construction taking place across the street. The motion passed on a vote of 5-0. OTHER: Clarification of Decision regarding EXC01-00007 Corcoran reminded the Board that this is the case related to the bed and breakfast in the single-family residential zone. Howard stated that the Board should clarify its decision to grant the special exception for the bed and breakfast inn, so that it was clear that the Board was granting permission for only one bed and breakfast Board of Adjustment Minutes May 9, 2001 Page 8 inn on Lot 19. Staff is recommending that the Board clarify its decision per staff's memo included in their packet. MOTION: Paul moved to clarify the Board decision regarding EXC01-00007 as follows: The Board approves EXC01-00007, a special exception to permit a bed and breakfast inn on Lot 19 of the Meadow Ridge Subdivision, Part 2, in the High Density Single-Family Residential (OSAJRS-12) zone. Maurer seconded the motion. FINDINGS OF FACT Corcoran said that she would vote in favor of the motion. it is just a clarification that the Board meant to approve the special exception for Lot 19 alone. Paul said he would vote for the same reasons. Maurer said he would vote in favor as well, Keitel said that he would vote in favor of the motion. He said he did raise the issue last meeting and it was not included in the minutes Brandt said he would vote in favor as well The motion passed on a vote of 5-0. Corcoran raised an issue about the appeal from Robert Burns. She said that the Board voted that they have jurisdiction. Her question is if the appeal was filed in a timely manner. Attorney Behr said that by accepting jurisdiction you have not given up the ability to say that the matter is being dealt with in an untimely manner. The City's position is that it is not a timely appeal The appellant will need to defend the issue of timeliness. Keitel said that he did try to determine the timeframe of the manner. The Board was agreed that the appellant should come up with a timeline for the hearing in July. City staff will direct the appellant to present a timeline of the events leading up to present. Keitel also stated that the items were hand delivered to his home from the appellant. The Board concurred that this was not acceptable. City staff will direct appellant to have all information to the City office before the packet goes out. The Board asked that legal briefs be submitted by July 1. BOARD OF ADJUSTMENT INFORMATION None ADJOURNMENT Brandt moved to adjourn the meeting with Paul seconding it. The motion passed unopposed on a 5-0 vote. The meeting closed at 7:35PM. ppdadn~n/rninrooa05-09~l .doc MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY APRIL 5, 2001 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, Howard Heran, Mark Anderson, Alan Ellis STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Mascari called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: The minutes of the March 8, 2001, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Anderson made a motion to approve the bills. Heran seconded the motion and the bills were approved 4 - 0. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: Dee Norton asked the Commission for permission to host a group from the University Retirees Association on May 16~. He said there would be about 40 - 50 people. One group could tour the airside while the other attended a briefing about the airport. He said he had discussed the program with the Airport Manager. Norton said the City Transit Division would provide a bus. Mascari said he would volunteer to either give the briefing or act as a guide on the bus. Dick Blum, from H. R. Green, said he would volunteer to put some information on power point or overheads. Harold Timmons, from Iet Air, Inc. said he had heard the Commission was looking for a new FBO and he wanted an opportunity to introduce his company. He said they are a full service FBO operating out of Galesburg, Illinois. They are one of three carriers in Illinois licensed for medical flights. He presented a 10-minute power point presentation about Jet Air. The Commission thanked Jet Air for their interest and told them they would be contacted when the RFP was completed. ITEMS FOR DISCUSSION/ACTION: a. Permanent FBO sen4ces - O~eil provided the Commission with a list of companies that responded lethe ads for FBO services. He said that the next step is forthe Commission to complete a RFP and send it to those on the list. He said the Commission needs to decide what services they want as mandatory and what services they would consider as optional. The Commission should also explain what facilities are available and what facilities they consider as mandatory to lease. They also need to decide what would be acceptable as a minimum and maximum length of the lease. Dulek said the Commission would need to develop set of interview questions so they are asking the potential FBOs for the same information. Heran said this might be a good time to review the Minimum Standards to make sure they fit the needs of the Airport. Mascari said all the Commission members should decide what they want in the RFP and get the information to O~Neil. Heran said a timetable should be decided. He suggested having the information for the next meeting. O~eil said he would compile all the Commission members' information and send an e-mail to the members. An RFP can be voted on at the next meeting. The Commission will send the information to O~Neil by April 25m. b. Building K - final acceptance - O'Neil said there is still a water problem with the new hangar building. OT~eil said he thinks part of the problem is the way the concrete was poured on the east side of the building. There are areas next to the building that are fiat or the concrete slopes slightly toward the building. O~qeil has received two estimates for replacing the concrete. They are both around $18,000. The Commission is holding a check to SWA for about $15,500. This was the 5% retainage held until the building was accepted. O~eil has contacted Tom Werderitsch, the general contractor. Werderitsch said it is not his problem because the inside floor is fiat. He said that is the way the building was designed. O~Neil said the problem is water getting into the building, not what happens once it is inside. There are also roof leaks. Anderson said the Commission should have someone survey the concrete to confirm that it meets the elevations as shown on the site plan. If it is at the correct elevation, the question has to be answered on who is at fault for the water problem and how the problem will be corrected. O~leil said there might be a couple of options, such as grooving the concrete or grinding the concrete near the building. O"Neil said he would see if the City's survey crew would shoot some elevations to confirm the site plan. O~Neil said he has received complaints from the tenants that have had water in their hangars. The Commission said that O~Neil should negotiate with the tenants. Ellis said that maybe the tenants should be given a discount. O~Neil will contact the tenants and try to resolve the rent issue. O'Neil said he thought some of the interior panels that were replaced are starling to corrode. He will monitor the problem to see if it gets any worse. Anderson asked about the tenant in hangar ~61. He said the hangar door has been open at different times and it is full of equipment, but no aircram. O~leil said that when the tenant rented the hangar he said he was going to be building an airtraCe. O~Nleil said he has sent him two notices, asking for conf~rmation that he still intended to build an aircrai~. O"Neil said he has not received any response. The Commission directed O~Neil to terminate the lease. c. North Commercial area 1. Marketing- Tracy Overton, from Iowa Realty, introduced himself. He said one of the first things to establish is the official markerrag name for the North Commercial area. He suggested that for the sake of marketing, brevity is important. Ellis said the subcommittee discussed the names Airport Commerce Park or Aviation Commerce Park. Overton said he liked the Aviation Commerce Park name. He thought it was a little more upscale than Airport Commerce Park. Mascari asked several people in the audience what name they would prefer? The consensus was Aviation Commerce Park. Heran made a motion to officially name the north commercial area the Aviation Commerce Park. Anderson seconded the motion and it was passed 4 - 0. a. Iowa Realty agreement - Dulek explained the agreement. Part of the agreement deals with key personnel. The Commission would have to agree to accept someone else if Overton was no longer the key contact person. There was also some discussion about up front costs. Ellis made a motion for a resolution to sign the marketing agreement with Iowa Realty, Inc. to market the property in the Aviation Commerce Park. Heran seconded the motion and at roll call vote, the motion passed 4 - 0, with Ruyle being absent. b. Covenants - Overton said that the Commission will want to decide what type of restrictions they want to include in their leases. Dulek has developed a lease and the Commission will need to deeide ifthere are any FAA restrictions they need to apply. He said the Commission may want to decide on what type of buildings they want, building heights, restrictions associated with a possible ILS, and use restrictions. Overton said he would be doing a market analysis to put a lease price on each of the lots. He will discuss the lease prices with the Commission. He said he would like to see what other airports, like Ankeny, have done in their commerce parks. O~leil said he and Dulek had copies of a lease from Joplin, Missouri, that is sxmilar to what the Commission is trying to accomplish. The Commission discussed what type of signs should be posted. Ellis suggested that in addition to the regular real estate signs, there should be something with an artist rendition ofthe development. Anderson said the Commission would want a landscape architect to design the sign. He will make some initial contacts and get prices for the Comn~ssion. Overton thanked the Commission for selecting Iowa Realty and said he thought it would be a very good project. d. Hangar leases - #31 & #:53 - OqNeil said he is not certain if the insurance issue has been resolved. Neither Ruyle nor Hinckley, the tenants for these two hangars, was present. OqNeil said the lease was on a month to month basis. This was deferred until the May meeting. e. Fuel site - remote-fueling station - Blura, from H.R. Green, discussed possible locations for the remote theling station. This would allow for self-fueling at the Airport. Blum said he had some news that may accelerate the project. The tank manufacturer may be able to provide tanks before the June deadline. Blum said that there are several places the station could be located. One is the original place in the southeast corner of the ramp. Another place is on the south edge of the ramp, as far west as possible, without getting into the setback required for the taxiway. O~eil said that if the Commission wanted the fueling as far away as possible, it should be located west of the taxiway, at the south end of the tie-down area. The decision was to install the fueling station at the south end of the fie-down area. Blum will get the cost estimate of the additional piping to put the fueling station further west than was originally considered. f. Underground tanks - removal - Blum said he had met with a tank removal company from Davenport and will be getting an estimate for removing the three tmdergrennd tenks. Binm said the environmental expert from H. R. Green has looked at the site and feels this is a relatively simple job. Mascari asked the Commission if they wanted to hire a firm like H.R. Green to oversee this project or if they should hire a tank ramoval company directly? Ellis suggested staying with the contract with P.ES from Markre. It would be less expensive than hiring HR. Green to oversee the project. O~qeil said he has asked a contractor to give him an estimate on removing the tanks, which would not include all the site closure costs. Mascari said a meeting should be set up with P.ES. to make certain their bid is complete. Dulek will give O~Neil the name of the contact person from P.E.S. Public discussion - Dan Bushaw, a tenant in Building K, asked for permission to speak. He said could not get to the meeting earlier during public discussion time. He wanted to know what the Commission was going to do about the water in his hangar. He rents two hangars in the building. He said he does not want his plane sitting in water any longer. Maseari said he doesn~ know how soon the problem will be fixed. He suggested Bushaw meet with O~eil to resolve the problem. Bushaw said his airplane was frozen to the floor for a couple of months. He has not brought his second plane to the Airport because he did not want it in a wet hangar. He said he had given up his other hangar and would have to move his airplane soon. O~qeil asked Bushaw to stop at his office to see him tomorrow. g. Fly Iowa 2001 - Anderson said he had met with Coke and with Rockwell about sponsorships. Rockwell will get back to Anderson by mid-May. He has received checks from City Carton Company and Synder Associates. There am other companies that have made sponsorship commitments. Several ideas were discussed about the education part of the event. Blum said there is a mobile aircraft rescue and fire fighting training unit that may be available. He is waiting for a reply from the FAA. h. Airport Park - Heran and Ellis am the subcommittee working on this issue. Ellis asked ff this was supposed to be a park or a playground? Them will be a report at a future meeting. i. Duties and responsibilities - Airport Manager - Masean said he had discussed this with individual Commissioners and this item should be rameyed from the agenda. He said there is no need for any discussion. CHAIRPERSON'S REPORT: Mascari said he was told there was a taxiway that is starting to get potholes. O~Neil said now that the snow is done for the season, they are repairing damage from the winter. This will include some runway and taxiway patching. Mascari said John Ruyle has indicated he wants to remain on the Commission. Mascari said he would like to publicly thank IOW Acre for helping out with temporary FBO services during the time the Commission is looking for permanent FBO services. COMMISSION MEMBERS' REPORTS: Heran said he thought lOW Acre was doing a very good job. Heran said he would not be able to attend the May 10m meeting. Ellis wanted to know if the car in the north parking lot with the flat tire should have current plates? O~qeil will contact the vehicle owner. Dulek suggested contacting the Police Department to see what they do when they have an abandon vehicle? Ellis asked where Iowa City fit into the hangar survey conducted by Cedar Rapids? O~qeil said Iowa City compared favorably to the airports surveyed. Ellis said he thought the Commission should advertise the Airport in a display ad. He said there could be a companion ad with IOW Acre. O~qeil said he had received prices from the Gazette and Ellis got prices from the Press Citizen for display ads. Ellis would like to see a business plan for the Airport. This would be different from the Airport Master Plan. Ellis circulated information for developing a business plan. He said he thought marketing the Airport was very important. He thought the role of the Airport should be defined by the Commission, not have the role defmed for them. He would like to see the Commission develop a newsletter. He would also like to see more done with the electronic media, such as a web page. Mascari said he would be on the subcommittee with Ellis. ADMINISTRATIVE REPORT: O~Neil suggested that, in an effort to shorten meetings, if a Commission member wanted an item on the agenda, they bring it up for discussion during the Commission members' reports part of the meeting. If there were at least two other Commission members that were interested in discussing an item, it would be put on the agenda. If it is an item that comes up between meetings, the Commission member should contact the chairperson about getting an item on the agenda. The consensus of the Commission was that this would be a good way to set the agenda. Because the Commission has contracted with Iowa Realty to market the Aviation Commerce Park, a meeting should be scheduled with the Council to discuss the infrastructure costs and how the Commission would pay for those costs. O~Neil said a Supreme Court decision has changed the wetland requirements for the ACP. There was a memo in the packet concerning the aircraf~ incident on April 1. Letters were sent to the two unsuccessful candidates that were interviewed for marketing the ACP, thanking them for their interest. O~Neil said he talked to Linda Kopping, the Senior Center Coordinator, about their meeting room. She said they had several expenses in order to make their room available to the public instead of for just staff use. O~Neil said Professor Witold Krajewski has contacted him about expanding the University's rainfall data collection research. He would like to install additional equipment. The Commission told O~leil if he could work something out with the University, they would have no objections. O~Neil said he had received a letter from the Science Center requesting information about past Commission meetings. He contacted Jim Larew and explained what information is available. O~qeil said he is waiting to hear back from Larew. At least two tenants in the not~h T-hangars had already paid their March rent to ICFS. O~Neil has contacted P S Air to try to recover the rent. In the agreement with ICFS, all March rent from the north T-hangars was to be paid to the Commission. Dulek suggested that the Commission ggt leases with the tenants in the north T's as soon as possible. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for May 10, 2001,at 5:45 p.m. ADJOURNMENT: The meeting was adjoumed at 8:57 p.m. Rick Maseari, Chairperson APPROVED MINUTES IOWA CITY BOARD OF APPEALS MONDAY, MARCH 5, 2001,4:30 PM CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Anna Buss, Gary Haman, Tim Fehr, John Roffman, Tom Werderitsch, Doug DuCharme MEMBERS ABSENT: Wayne Maas STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), Pat Hartsen (Electrical Inspector), Roger Jensen (Fire Marshall), Jann Ream (Code Enforcement Asst. acting as Minute Taker) OTHERS PRESENT: Jan and Terry Thein (2125 Palmer Circle), Andy Chappell (Assistant Johnson County Attorney) Jack Douglas Jessup (Applicant), Blaine Shaffer and Jim Adam (Heart- Land Management Co.) Dwight Dobberstein (Sycamore Mall) RECOMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:30 PM CONSIDERATION OF MINUTES: Meeting minutes from the January 8, 2001 meeting were reviewed. MOTION: Haman motioned to approve with a second by Buss. Motion passed unopposed on a 6-0 vote. Appeal of Notice of Housinq Code Violation (2010, 2020, 2030, 2040, 2100 & 2110 Broadway Street. Appeal application did not list any specific item or violation to be appealed. Both Tim Hermes and Sue Dulek stated that no action could be taken by the Board since nothing was being appealed. All violations had been remedied. Blaine Shaffer representing Heartland Management Company asked to address to Board with their concerns over what items were being cited on rental inspections. Shaffer said that he thought some items should not be cited such as broken towel bars and light fixtures with no globes and holes in screens. He stated that the HUD inspectors do not consider such items as violations and did not think the City should either. Roffman asked for exactly which issues the management company had-pT-eblems with. Shaffer stated that the light fixtures, screens and towel bars were most problematic. Also the shopping carts in the yard were a problem for them. Hennes explained that staff was not prepared to address their concerns because there was nothing listed on the appeal application, Henries explained that light fixtures have to be installed per their UL (Underwriter's Laboratory) rating which would include the globe. Hansen reiterated that the National Electrical Code requires that light fixtures be installed per their UL rating, that is with globes. Werderitsch asked for clarification that HUD inspectors do not cite light fixtures with missing globes as a violation. Shaffer verified that this was the case. Shaffer was informed that he would have to present exact items on an appeal if he wanted a response to their concerns. Roffman stated that this was probably somethin9 that could best be handled administratively if Shaffer was requesting that actual Housin9 Code be change - that the Board was limited in what they could do. Hennes recommended that Shaffer speak with the Gary Klinefelter and suggest specific amendments to the Housing Code. No motion or vote occurred because there was not an item being appealed. Request for an amendment to the City of Iowa City 1997 Uniform Plumbinq Code section 14-5B-6E: Licensinq Requirements for Plumbers; Reciprocal Licenses (Jack Douqlas Jessup). Jessup showed a copy of the Cedar Rapids plumbing code amendments that allow the issuance of a license without examination if the person requesting the license holds a current license from a jurisdiction with similar licensing standards. He asked that Iowa City consider adopting a similar policy rather than always requiring a passing BIock/Experior test score. He explained his problems with being able to pass the test and therefore not get a license as a plumber in Iowa City. He explained his years of experience and training and listed the licenses he holds in other jurisdictions. Haman explained that this issue was addressed approximately 2 years ago and that Iowa City and Cedar Rapids do not reciprocate. Hansen explained the process an applicant would need to go through to get help from Experior to find out why they were not passing the test. Jessup expressed his concerns about how the tests are put together. Hartsen explained that Experior only tests on the adopted code to a particular jurisdiction. Jessup thought that years of experience should count towards getting ricerise. Haman provided an example of a person in the county who had similar years of experience and he was required to take the test and he passed. it was stated that it would not be fair to everyone who had been required to take the Experior test in order to get their license to allow Jessup to recive his without passing the test. Haman stated that Jessup simply needed to pass the test. MOTION: Haman moved to deny the appeal and was seconded by Buss. The appeal was denied on a 6-0 vote. Request for a modification of Section 1003.3.1.6, Floor level at doors, of ~Fe 1997 Uniform Buildinq Code. (2125 Palmer Circle) Hennes explained the building code violation that was present with the outside patio door stairs at 2125 Palmer Circle. A picture of the stairs was circulated among Board members. He stated that it looked like the required 36" x 36" landing could be provided. He understood that the applicants had a concern about the landing interfering with a furnace flu that exited near that landing. There would only be approximately 18"-24" between the landing and the flu. Haman expressed concern about the landing creating a zone of dead space around the flu and causing exhaust problems for the furnace. Fehr also said this might be cause for concern especially during the winter when snow could build up in that space and plug the flu. Jan Thein (owner) gave a short summary of the building process for the patio door and stairs. She also stated that the patio door was seldom used, certainly not a main entrance. Werderitsch asked if they had installed the stairs themselves; Jan Thein stated that they had been built by Frantz Construction and that Frantz would make the corrections if necessary. Discussion occurred about whether the furnace flu could be extended or even run through a completely different route. Haman explained the problems that would occur with extending the flu. Roffman inquired how the Board could allow non- standard stairs to exist under the powers granted to the Board. Buss pointed out under 104.2.8 that if there were practical difficulties involved in carrying out the provisions of the code, modifications could be granted in individual cases. Dulek verified that as long as all of the conditions for practical difficulties could be met, a modification could be granted. Hermes stated that the location of the furnace flu created the practical difficulty and that there was no lessening of fire protection or structural integrity. MOTION: Buss moved that Section 104.2.7 Modifications be applied to allow the stairs in violation at 2125 Palmet Circle to remain as is because of the practical difficulties involved with changing them to meet code requirements. Werderitsch seconded the motion. Motion passed 6-0. Request for a modification of Section 404 of the Uniform Buildinq Code or Request for use of an alternate method of construction. (1600 Sycamore Street, Sycamore Mall) Hermes presented the problem in that the 1997 UBC requires a smoke control system in a covered mall of a certain size. Because of the scope of the major renovation occurring there now and the addition of some new occupancies, the 1997 UBC would require that a smoke control system be installed. Research revealed that the 2000 International Code would not require this system perhaps because of other requirements of the 2000 code that would offset the need. Henries said that to try and retrofit the existing structure with a smoke control system would be very complicated, time consuming and expensive. Dobberstein(Sycamore Mall architect) stated that there were advantages to building according to the 2000 code (no smoke control system) but also disadvantages in that other items would need to be provided. However, he felt it was still-better to build according to the 2000 code. Roffman asked if everything was going to be built according to 2000 International Code or if they would be picking and choosing which code they wanted to build to. Hermes stated that all architectural standards would be built to the 2000 code but that the plumbing and electrical systems would be installed under the currently adopted codes. Hennes said that by allowing Sycamore Mall to build to the 2000 code, the City was not adopting the 2000 code but was simply allowing an alternate method of construction. Hennes also stated that this standard should be applied to all buildings that meet the definition of a covered mall in Iowa City and asked for the Boards recommendation that this standard be allowed for work that will be forthcoming at Old Capitol Mall. There was consensus among Board members that this would be the case. Hennes asked Roger Jensen what his opinion was on not requiring the smoke control system. Jensen was concerned that smoke and heat venting not be arbitrarily eliminated because this venting protects both property and firefighters. Hermes emphasized that the purpose of this system (smoke control) is only to allow better exiting conditions for customers in the mall in the case of a fire. It is a separate system and issue from smoke and heat venting. Jensen asked what alarm specifications would be required with the 2000 code. The only new alarm system that would be required is a voice alarm in case of fire. All current alarm and sprinkling requirements would be enforced. Jensen asked exactly what would be required to install a smoke control system in the mall. Doberstein explained that a series of air supply, mechanical venting systems, and control systems would be required. MOTION: Werderitsch moved that Section 402 of the 2000 International Code replace Section 404 of the 1997 UBC as an alternate method of construction in regard to covered mall criteria and that the Board finds that the requirements of UBC 104.2.8 have been met. The Board added that this method of construction would also be available for Old Capitol Mall, Buss seconded and the motion passed 6-0, OTHER BUSINESS: 13 S. Linn St.: Dulek stated that she is trying to research the use of the building through the prior owners. On 2/23/2001, Dulek and Henries met with three members of the State Board of Review, Glenn Siders, Ken Wetzler, Katherine S. Draper and with the owner of the building, Scott Kading. The Board rejected the first two items on the appeal and asked for more information from Kading before they decided on the 3rd appeal item. The question being debated is if the restaurant is truly a change of use. 426 Bayard St.: Henries stated that the City Attorney's office is still involved with setting a court date in District Court. The injunction against tearing the building down stands until the court date. The next meeting is set for April 2, 2001. Werderitsch said there was ar'p:O~jsibility that he would not be able to attend. ADJOURNMENT: Roffman moved to adjourn the meeting with a second by Buss. The meeting adjourned at 6:00 PM. 3{~ ~offmZ~~App~alals Chair Date ' IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY CITY COUNCIL CHAMBERS March 27, 2001 MEMBERS PRESENT: Jan Warren, CharHe Major, Ernie Cox, Maureen Howe, Mary Larew, Keri Neblett, Lisa Beckmann, Paul Retish MEMBERS ABSENT: Mettle Thompulos STAFF MEMBERS: Laz Pittman, Anne Burnside, Eleanor Dilkes CALL TO ORDER: 1. APPROVAL OF MINUTES Howe mentioned that statements on pages one and four were attributed to Howe erroneously. Beckmann clarified that those had been her comments and not Howe's. Larew mentioned that she had also volunteered at Diversity Day but her name had been omitted in page two. Cox made a motion to accept the minutes as amended. Motion seconded by Neblett. Motion: The Motion was carried by a vote of 8-0. 2. RECOMMENDATIONS TO COUNCIL- None 3. CONSIDER A MOTION TO ADJOURN TO CLOSED SESSION 4. CONSIDER A MOTION TO VOTE TO ISSUE AND CAUSE TO BE SERVED A WRITTEN NOTICE TO THE PARTIES IN CASE NO. 11-23- 9831-HRO Sec. 2-4-6. Warren read from the Human Rights Ordinance, to "Consider a motion to adjourn to closed session based on Sec. 21.5(1)(a) of the Code oflou,a to review or discuss records which are required or authorized by state or federal law to be kept confidential and pursuant to Chapter 216 of the Iowa Code and Sec. 2-2-4 of the Iowa City Munidpal Code which requires that complaints of discrimination, reports of investigations, statements and other documents or records obtained in the investigations, shah be closed records unless public hearing is held. MOTION: Howe made a motion to move into close session. Cox seconded the motion. There was a voice vote to approve the motion. The motion was approved 8-0 with one Commissioner absent. 5. After discussing Iowa City Human Rights case no. 11-23-9831 in close session, Warren read from the Human Rights Ordinance, "is there a motion that the commission shah issue and cause to be served a written notice which will: 1. Specify the charges in the complaint, as they have been amended. And 2. Require the respondent to answer the charges of the complaint at a hearing before the Commission, or a person designated by the Commission to conduct the hearing." MOTION: Howe made a motion to approve public hearing. Neblett seconded the motion. There was a voice vote to approve the motion. The motion was approved 8-0 with one Commissioner absent. 6. NEW BUSINESS Warren suggested that the topic ofproactive outreach be postponed until the April meeting. However, in the meantime, the Commissioners should be provided a list of the activities the Commission has been involved in for the last three years and/or up to the time when the Commission did the race forums. The Commissioners agreed. 7. OLD BUSINESS Larew, Cox, Neblett, Major and Howe are going to the White Privilege Conference in Mount Vernon. All will ride in Cox's van. Warren said that people in the community that were aware of the progress of the English Only bill had advised her that anyone interested in opposing this bLll should contact the house of representatives. Warren also mentioned she had not prepared the letter to the Cedar Falls City Council because she had not had enough information to compose the letter; however, she has been able to obtain articles that better inform her of the situation and will be writing the letter. 8. REPORTS OF COMMISSIONERS Warren mentioned that she had attended the University of Iowa's Celebration for Excellence and Achievement Among Women's conference annually held by the university. She said Susan Beckett had received an award. Larew commented on an article that had appeared in the newspaper critizicing another article that had included a photograph of an Afro-American who had been involved in a fight. Lare~v said the article criticized that the newspaper had included the picture of the individual involved in the fight because the person was Afro-American. Retish announced that the University of Iowa is holding a meeting on Aprt 5th, 2001 in Des Moines concerning the topic of immigration to the state of Iowa. Governor Vilsak is schednled to speak. Anyone can attend. No tickets or reservations required. Beckman mentioned she had come across an article concerning Native American's protest about Native American symbols and/or individuals being used to commercialize goods. For instance, she noted that she recently found out that to Native Americans Crazy Horse is revered much more than just a warrior. Major mentioned that he heard that an anti-English only rally is being held at the steps of the state house. 2 Neblett mentioned that on April 10% 2001 a meeting was going to be held concerning the issue of the school system not wanting to permit the Boy Scouts to conduct meetings on its premises. Warren was wondering whether the Commission should take a position on this topic and make it known. The Commission agreed that the Boy Scouts issue should be something that should be in the next agenda. Howe shared that she had information on new laws concerning illegal immigrants. Also, that a crisis intervention team had been created in Memphis to train a group of police officers on how to deescalate situations where they respond to crisisses involving the mentally ill. She believes this may be a call for another way to respond to those situations. 9. STATUS OF CASES Pittman said cases were progressing. Several summaries were going to be going to Eleanor soon, and she was working on taking in two more complaints. 10. ADJOURNMENT The meeting was adjourned at 8:35 IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY CITY COUNCIL CHAMBERS April 24, 2001 MEMBERS PRESENT: Mettle Thomopulos, Charlie Major (arrived at approximately 7:45 p.m.), Errfie Cox, Mary Larew, Keri Neblett, Lisa Beckmann, Paul Retish MEMBERS ABSENT: jan Warren, Maureen Howe STAFF MEMBERS: Heather L. Shank. C_ATJ. TO ORDER: Meeting called to order at 7:35 p.m. 2. APPROVAL OF MINUTES Neblett asked that the minutes be amended to reflect the correct spelling of her name. Motion to approve the minutes as amended. Motion seconded. Motion was carried by a vote of 6-0. 3. RECOMMENDATIONS TO COUNCIL: None Cox asked for an example of how the Commission would arrive at a recommendation or an example of a recommendation that has been made to the Council in the past. Shank stated that the Commission would make a recommendation when it wanted to revise the Human Rights Ordinance. QUESTION REGARDING PUBLIC HEARING Retish asked whether it was customary to announce to the public the Commission's decision to take a case to public hearing. Shank responded that any motions filed in a case that is going to public hearing will be placed in a pleading notebook and the documents would be available for the public to read should anyone ask. The invesdgative file is not available to the public and Shank does not provide information about the public hearing to the newspapers. Shank explained that copies of the entire file and any tapes of the interviews are provided to the parties after the presiding officer sends notice of the case and the date of the pretrial hearing. 4. ISSUES THAT MAY RESULT IN COMPLAINTS Shank raised the possibility of Commission members taking stands on controversial issues in public. If a Commission member did take a stand in favor of one action over another it may be perceived that the Commission member is biased. If a complaint pertaining to the issue is fried the Commission member may have a conflict.. If several Commissioners publicly took a particular stand it may not be a problem if the case could be transferred to the State. In cases involving discrirnination based on gender identity and sexual orientation the complaints could not be transferred to the State. If many Commissioners were perceived as biased, the Commission's reputation as fair and neutral would be compromised. Shank advised looking at an issue to determine whether any complaint could potentially be fried under any of the categories based on membership in a protected category. Thomopulos suggested that one Commissioner could take a stand in his or her own name. Shank suggested this could be a problem if all Commissioners took a stand on an issue in their own name. Neblett asked whether this pertained to signing a petition or speaking at a public forum. Shank explained that she gives speeches about discrimination - the law and the definition of discrimination. Shank added that she emphasizes that each case is individual and the law needs to be applied to the facts. In certain cases the legal issues are extremely complicated. Larew asked whether someone or a group could sue the Commission if the Commission took a stand on an issue the group was opposed to. Shank replied that the group could not sue the Commission in this situation and reminded the Commission that it has taken a stand in the past when it went to the ICRC and advocated for the addition of sexual orientation to the Iowa Civil Rights Act of 1964. Shank indicated she did not want to discourage any Commission from taking a stand but she wanted people to consider the ramificafons of the action and how it will be perceived. Major commented that a Commissioner might have to recuse themselves from a case. If a Commissioner has expressed an opinion and has been very public about it there may be a perception that the Commissioner could not be unbiased regarding a complaint raising a similar issue. 5. NEW BUSINESS a. Keynote speaker for Human Rights Breakfast: Thomopulos asked the Commission whether there were any suggestions for the possible keynote speaker. The breakfast is scheduled for 7:30 a.m. on Thursday, October 25m. Neblett asked whether the Commission had a budget to pay an honorarium for the keynote speaker. Shank said we paid for one speaker and then the other speakers have been free. In the past the Commission has preferred the speaker be from Iowa City. Retish recommended Philip Jones. In response to Larew's question, Shank indicated that Adrien Wing was hired to speak during a public forum for Black History month but she was not sure Ms. Wing spoke at a breakfast. Neblett recommendeel Salome Raheirn, Director of the School of Social Work. Thomopulos indicated the Commissioners needed to consider the choices. Shank 2 recommended a decision be made at the next meeting because the speaker needs to be booked early so posters advertising the breakfast and the need for nominations can be made. Retish mentioned ICristi Rudelius-Palmer as a possible speaker. ICristi, the Director of the University of Minnesota Human Resources Center, recently spoke in a class taught by Retish and PhiLip Jones. She also spoke at City High. Major asked if the Commission ever had the Governor or a senator. Shank mentioned that the speakers have generally been persons from Iowa City but Major wanted the Commission to consider Governor Viisack or Senator Harkin or Congressman Leach. Planning committee for breakfast - Larew, Thomopulos, Beckmann, and Neblett. Maior and Retish volunteered to take tickets. Thomopulos said Shank should call the Commissioners with specific tasks. b. Cox stated that at the April 17, City Council meeting an exchange took place between Steven Kanner and another individual. During this exchange there was a misrepresentation as to the role of the Commission and what the Commission could or should be doing about a certain issue. Cox asked whether the Commission could reiterate the role of the Commission and what the Commission is actually able to do. Shank asked whether the Commission is interested in writing a letter to Mr. Kanner. Cox said he would draft a letter to send to Kanner or to the Council as a whole and put it in the next packet. Cox explained that at the Council meeting there was some discussion regarding the programming on a radio station's morning show and the tone of the program. According to Mr. Cox, Mr. Kanner recommended the Commission hold a public forum to investigate his allegations regarding the content of the programming. Cox further explained that it was suggested the business be put on public trial. Cox does not believe this action did the Commission any service. Refish also mentioned that no one on the Council corrected Kanner's misunderstanding of the Commission's role and/or the law. Retish believes the entire Council should receive a letter reiterating the action that created the formation of the Commission as well as the process the Commission. Retish said the public commentary was used as a threat and was a misunderstanding of what Commissions are attempting to do. Cox encouraged the Commission members to see the video of the Council meeting but he definitely agreed with Refish that the message being given by Kanner was that the Commission could go out and "attack" the offenders. Retish wanted this issue as an agenda iten~ in front of the Council so this can be addressed publicly so citizens will understand the Commission's role. Thomopulos inquired as to the process for getting sotxxething on the agenda. Shank said she will fred out this information but the Commission may be too late for the Commission meeting this next Tuesday. Motion: Cox made a motion to request an agenda item during the earliest City Council meeting for Commission members to clarify to the Council the Commission's purpose and process as well as clarify the same to the citizen's of Iowa City. Major seconded the motion. Motion was passed by 7-0 vote. 3 6. OLD BUSINESS Thomopulos advised the Commission to postpone the discussion of the out reach until the next meeting as Warren could not be present. Retish indicated that he wanted the Commission to consider bringing young people together to discuss human rights. Retish indicated a person from United Action from Youth would love to be a part of this proposal. The second part of his idea involves downtown. Retish said there is trouble brewing in down town. Between 4:00 and 5:00 p.m. Retish indicated there are approximately 40 to 50 young people smoking or playing Hackensack. Retish believes this is a problem waiting to happen and he sees it as a human rights issue because of the services that could, should, or would be granted to the youth to allow for interaction with the community. People walking through downtown, according to Retish, are afraid of the youth and he is concerned about an occurrence. Retish suggested the Commission should make an effort to engage in an outreach program that speaks to this group. The recreation center is not attracting this group. Larew was on the United Action for Youth board for 14 years and she mentioned that the kids never hang out where you want them to hang out. Neblett said that UAY currently has an art project that is successful. Retish said he would like to talk to the kids with other Commission members. Thomopulos was in favor of this idea and suggested interested people could get together to talk about this. Retish indicated that the idea might have to be prioritired depending on the ideas that are raised at the next meeting. 7. COMMISSIONER REPORTS Beckmann informed the Commission that a board member of the United Way resigned because the United Way receives donations for the Boy Scouts. Major mentioned that the person was Gary Levitz. Shank clarified that the United Way accepts money generally and provides the money to a number of groups. The United Way does not give the Boy Scouts money from the general fund but will accept specific donations for the Boy Scouts. Beckmann said that Mr. Levitz had difficulty with United Way being associated with the boy scouts in any way. Major indicated he went to the White Privilege Conference in Cornell. He reported that the conference was well attended and there were many dynamic speakers. In addition, Major said that he learned a lot. Some of the speakers were Traevena Potter -Hall, Diane Finnerty, Jesse Villalobos, Salome Raheim. 4 Retish reported that he and Philip Jones kave team taught a class on diversity at the College of Education for 30 years. There are 70-80 students and at some point during the semester, each student is asked to bring a guest of a different race to the next class. Usually 150-200 people come to the class and "it is the hue of the United States rather than the hue of Iowa." Retish said that people are flabbergasted when they furst come in because it is so mulfcultural, so diverse. It is interesting for students who are struggling with issues of whether others different from themselves are really that different. Kristi Rudelius-Palmer came to the class and contributed by asking questions regarding whether the students and/or their guests had ever been discriminated against, had they ever discr'wninated against others, and/or whether they had or had not taken action when they witnessed discrhnination. Relish indicated that the questions generated a great deal of interesting conversation. Relish said that he would invite the Commission next year. Shank, who artended the class with Ms. Rudelius-Palmer, said the class was wonderful. Relish reported the Supreme Court of the United States derided that if a person is stopped by the police and charged with a traffic violation, which is only a misdemeanor, the police can search the car and take the offender to jail. Shank had not had an opportunity to watch the news that day and she indicated she would look the case up for persons who were interested. Larew said that a woman and her child were involved. Beckmann said the family's dog was missing and they were searching for it going very slowly but the morn and her child were not in their seat belts. The room was taken away in handcuffs in front of the child. This event took place in Texas. Larew wondered whether this decision suggests the United States has become a police state. Neblett said that a person from Old Brick brought members of a youth group to Iowa City. The group runs a Mission in the inner city. Eighty-five percent of the staff at the Mission are youth. One of the members is head of adolescent pregnancy prevention. She was just turning 18. A male youth member who is 18 or 19 is head of the Street Outreach program. A few other workers are 16. It was the most incredible thing Neblett has ever seen. The youth teach other youth about STDs and provide condoms. There is a soup kitchen at the Mission where a meal is provided every day. A book describing the work of the youth at this Mission is available. Neblett will provide the details at another time. Cox reported that he too attended the White Privilege conference and it was a day well spent. Every speaker from Cornell West to Jennifer Holiday challenged the atrendees to learn about themselves and think of the privilege they may or may not have because of their race. Cox provided statistics that he received at the conference and agreed that Shank should provide this information in the next packet. Larew agreed that this conference was the best she had ever attended. Thomopulos asked whether anyone had attended the Human Rights Global Health conference at the U of I. None of the Commissioners were able to attend. Beckmann indicated she was quite disturbed by the legislature's decision to close five regional DHS offices, as she believes this will have a devastating effect on families. While Beckmann is unsure whether the Commission could do anything about this, she just wanted to register her concern. 8. Status of Cases Shank reported that the previously scheduled public hearing is postponed and the case is going to mediation. If the mediation is unsuccessful the public hearing will be rescheduled. Justice Schultz will be the mediator. There will be an appeal of the Commission's decision in a case that was read by Team A. Pittman will be contacting the Commissioners regarding the dates for the appeal. Several cases have or are going legal soon and one case is going to mediation. 9. Adjourn Thomopulos asked whether anyone wanted to offer a motion to adjourn. Neblett so moved and Larew seconded the motion. The meeting adjourned at 9:18 p.m. MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, - April 26, 2001 5:00 PM - 2nd floor Conference room Members Present: Winston Barclay, Shaner Magalh~es, Mark Martin, Lisa Parker, Linda Prybil, Jesse Singerman, Jim Swaim Staff Present: Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Liz Nichols, Others: Mike Williams, Daily lowan, Gary Sanders CALL TO ORDER: President Martin called the meeting to order at 5:00 p.m. Public discussion Gary Sanders addressed the Board regarding his proposal to rent the former Freshens space in the Lenoch & Cilek building at a much-reduced fee. He wanted to clarify the decision-making process in terms of his opinion that it was a poor real estate decision. His proposal was to continue operating his bookstore and have space available for an individual whom wanted to sell smoothies at a rent considerably below that offered by the City. He feels it is a good use of the space while people are coming downtown during the months of May, June, July. It was his opinion that it would not be too much trouble. He disagreed with Craig's position that it wouldn't be fair to rent him space for so little while the two remaining businesses are paying much more rent to remain in the building. His belief is that people would be happy to see something in there and occupancy would be a positive step for downtown. Since he was unable to attend last month's meeting, he felt it was important for him to get his remarks on the table and hoped it could be discussed during the meeting and perhaps some consideration given to making an executive decision to grant his request. Swaim responded that while he appreciates what Sanders wants to do, the City had offered lease arrangements that had been declined and Craig was correct to not offer greatly reduced rent to one business. As an aside, Swaim pointed out was that if there are some ways for nonprofits to use the space it would be a good use of the empty space. Barclay commented that Sanders was asking for a special dispensation for a very low rent while other tenants are paying much higher rents. Sanders replied that since some of the other tenants felt they were unable to negotiate with the City's Legal Department, they left. Sanders was hopeful that negotiating with Craig would be more fruitful. Martin thanked Sanders for his comments. No further action was taken. APPROVAL OF MINUTES: The regular minutes of March 29, 2001 were approved after a motion by Barclay/Parker. UNFINISHED BUSINESS Buildinq Project. Craig included in the packet a tentative schedule for moving into new temporary space by February of 2003 and completing the entire project and final move by March 5, 2004. She had a discussion with staff people at the City and asked for direction from the City Manager on how to handle 64 1A. We will need to use some space there during construction, ICPL Board of Trustees April 26, 2001 but there is a question of timing. The lot must be cleared by January 2003 to accommodate a possible sale. Architects have been told to schedule their staging so that the holiday season in December is not disrupted by lack of parking spaces. The design process is continuing. Craig then described the phasing project. We will be using all 3 floors over in the West Wing. Materials handling will be an issue to work out. We'll be picking up stacks and materials from the current library and moving them into the new space with a few exceptions. Second floor will be finished in terms of carpet and some new furnishings. Information services, magazines, periodicals, Internet access will be on that floor. Most of the staff offices will be in the basement. The goal is to not build many walls in the basement because that space will be retail eventually and it is costly to build walls and take them down. The meeting room will be located downstairs but with no live cable broadcasts. We may videotape programming to show later. Question: Will we have a bookdrop? We want to have an outside bookdrop and locating it in the best place is the issue. Two bookdrops in the downtown area seemed desirable. There is concern about keeping the public informed in preparation and making the transition as clear as possible. We will do whatever we can to inform public using as many means as possible. The architects have reconsidered the May 10 date; they felt that the design process might not be ready for final sign-off. The cost estimators need more time to complete their work. We may do it at the regular Board meeting of 5/24. Signing off on design development does not mean that every single element is finalized. Certain things will continue to be worked on; for example, carpet decisions, lighting fixtures, etc. It is the basic design that is signed off on in order to allow construction drawings to be prepared. Information about the mural. The committee is making progress. It was pointed out that an inaccurate statement appeared in the paper about students working on a new mural that would be given to the library. In truth they are doing a second mural for their high school. The back wall of the mural was looked at to determine if it can be removed. While it presents some challenges removal is possible. Parking. Craig sent a copy of her letter to the editor of the Press Citizen about their editorial, to the Board. The Council did approve the angle parking. The Press Citizen inaccurately stated the cost for a single parking space was over $44,000. This is the cost for all the parking, either angle or parallel. NEW BUSINESS Election of Officers Nominating Committee; Barclay, as chair of the Nominating Committee presented the following slate: President, Lisa Parker, Vice President, Shaner Magalhaes, Secretary, Linda Prybil. Barclay recommended that we accept the slate as presented. The slate was officially placed in nomination. Martin asked if there were any nominations from the floor. Being none, he called for a vote. All voted yes. New terms start July 1. Survey Results: User Survey. One highlight was the high return rate from the public with over 80% of respondents rating the Library a 5 or 6 (on a scale of 1-6) in overall satisfaction. Specifically, the thing that people ranked the highest is staff courtesy with 86% rating this item a 5 or 6. There is confidence that this represents the full diversity of library users. Some favorite comments were shared. Was there ICPL Board of Trustees April 26, 2001 anything that came as a surprise to Craig? She was impressed with the high numbers of response. People like our location but parking is the biggest problem. She was surprised that there were not more responses about Park & Read. The highest priority for new services was expanded hours. Craig raised the issue of planning for outreach services, bookmobiles, etc. It is in the strategic plan to look at this. Seeing fairly low numbers in the survey for east and westside branches, Craig asked for direction from Board about what we should be thinking of in terms of a plan. It was suggested that during this phase, any opportunity to experiment with something would be looked on favorably by the public; maybe a bookmobile or small reading room. This might be the time to try to do it while the main library is so disrupted. It was recommended leaving it to staff to draw up a recommendation about which direction to explore. If the Board were interested in considering an option we would talk about it as a staff and bring a recommendation for FY03 budget planning. We currently have 14 outreach sites. That could be a good jumping off place. Ad Advisor,/Committee: Dyer's memo to Board requested approval to appoint two people to the Library Art Advisory Committee. Diolanda Barrera is recommended for re-appointment afterjust completing an unexpired term. Marcia Wegman was recommended for a three-year term. Singerman moved approval of Dyer's request. Parker seconded. The vote was unanimous to approve. STAFF REPORTS Removal of Kiosk. Nichols reported that she had called the owners of Sycamore Mall as soon as the sale was completed to inform them of the kiosk and the arrangement we had with the previous owners. It appeared they were ok with that arrangement. Then with one week notice they told us it had to be removed. It will be returned to the State Library. It was asked if there was anything else we could do with it. Staff recommended that we do not keep it - it's an expensive piece of equipment to manage. Use statistics have dropped. It takes fair amount of staff time, and was costly. It was a good experience and we are happy that we did it. Volunteer Recoqnition on May 18 at 5:00 pm. They expect special guests. The theme is 2001: A More Space Odyssey. Buildinq Repairs. Staff and public have to use building for 20 more months so some modest repairs are planned. Some walls are being painted and countertop in men's bathroom will be replaced. Some very worn carpet has been replaced to address safety concerns. DO Report included in packet Article on Children's Internet Protection act. Federal law mandates that libraries and schools that receive E-rate reimbursement use filtering. Once the legal challenges are resolved, Craig will report back to the Board. Magalh~es asked if Craig heard anything additional about legislators doing anything more about filtering issues. She replied they haven't done anything; feels that they also are waiting for challenges to be resolved. Lenoch & Cilek update: ICPL Board of Trustees April 26, 2001 The former Mind Matters and Freshen's stores are ready for public use. Arts Fest and Jazz Festival will use former Mind Matters and the I.C. police will use Freshens for a downtown presence. Fit Zone has extended their lease for another month. Board openinqs: Postings for Board openings will be officially open next week. Craig passed out job descriptions and applications for Board positions. She encouraged current Board members to think of people who might be willing to serve. ANNOUNCEMENT FROM MEMBERS Barclay informed Board that the Truman Capore award would be presented Saturday at the Capitol Old Senate Chambers. Swaim reported that the plan for a young adult local radio station is underway. Library should be aware the City would likely have their application approved. COMMITTEE REPORTS Mural Committee: A decision has been made to cut out and frame several scenes from the mural, which will be placed around the community. Restoration work is being done on it now. Once the Fit Zone leaves and the stair railings are removed, within a 6-week window, the mural will be photographed and pieces will be removed. A question was raised concerning the source of funds being allocated for this project. Some fund-raising may need to be done. People will donate time and depending on how many in- kind donations are made, the costs may be materials for framing. Perhaps something in the $5,000 to $10,000 range. Art Committee: They have met, toured the building, and reviewed a list of permanent art presently owned by the Library. Since then a ballot has been sent out to committee members. Each committee member will assess the pieces they looked at and give a personal opinion about whether items should be part of permanent collection, pad of circulating collection, returned to donor or sold. A list is being compiled. Next meeting is scheduled for May 9 to discuss building plans with architect. The plans for the Literary Walk were reviewed. COMMUNICATIONS Letter and suggestion from patron about Park & Read program FINANCIAL REPORTS Utilities are up. We have saved money on things like building repairs which would have been done if the referendum had not passed. If we cannot meet our utilities expenses, we can ask for a budget amendment but Craig thinks there is money elsewhere in the budget. City is responsible for figuring ICPL BOARD OF TRUSTEES April 26, 2001 out utilities based on past use, etc. Their estimates are low and differences are expected to be made up from elsewhere in the budget. Do we have a contingency for utilities in next year's budget? Craig has to look at the entire budget before she allocates money to departments. We are three quarters through the year and 74% of money has been spent. Use Reports Circulation is up. Johnson County use is up because it has dropped percentage-wise for several years and we get funds from the County based on use. A question was asked about The Electric Library. Clark responded that it is a free on-line database provided by the State Library and is offered on our Web Site. A suggestion was made that in the course of preparing the public for the transition and the reduced meeting room facilities, it might be wise to contact United Way to let them know that there will be limited use of meeting room space at the library. They can tell their agencies and maybe help. DISBURSEMENTS Visa was reviewed. Approve disbursements for March, 2001 Singerman made a motion to approve. Prybil seconded. All in favor said Yes. Barnlay commented on the poetry/dance session held here at ICPL. There was a huge audience and it was a great success. SET AGENDA ORDER FOR MAY MEETING ADJOURNMENT: Magalh~es moved adjournment at 6:30 p.m. Minutes taken and transcribed by Martha Lubaroff Note: Meeting time was changed to confirm with architect's schedule after April meeting. Next meeting scheduled for May 3'1,200'1 at 5:00 p.m. MINUTES PARKS AND RECREATION COMMISSION MAY 9, 2001 MEMBERS PRESENT: Barbara Endel, Toni Cilek, Doug Ginsberg, Craig Gustaveson, Nancy Ostrognai, Matt Pacha, Rex Pruess, AI Stroh MEMBERS ABSENT: Bruce Maurer GUESTS: Robyn Shrader, Melissa Ruhlow, Judith Klink, William Buss, Stephen Tulley, Bill Graf, Sara Langenberg-Press Citizen reporter STAFF PRESENT: Terry Trueblood, Mike Moran FORMAL ACTION TAKEN Moved by Ostroclnai, seconded by Stroh, to approve the April 11. 2001 minutes as written. Unanimous. Moved bv Gustaveson, seconded by Endel, to accept the alternative plan for the skate Dark in Terrell Mill Park. Unanimous. Moved by Stroh, seconded by Endel, to suPPort efforts of the Weeber-Harlocke Neiqhborhood Association in Dursuinq acquisition of the four acre parcel on Harlocke Street, and directincl staff to initiate neqotiations with the owner to purchase same at a reasonable price. Unanimous. SKATE PARK PROJECT Trueblood updated the commission on the project. A resolution setting the public hearing was deferred due to the City Engineer's discovery of drainage calculation errors in the plans and specifications, which would have caused water problems in the bottom of the skate park "bowls". The elevations require imported fill to raise the elevation of the facility. Staff met with the consultant, Dunbar-Jones, to discuss the revised drawings and cost estimates for the original project with the necessary fill and another alternative. One of the alternative plans moves the skate park closer to Dubuque Street, requiring less imported fill, estimated to cost a total of $304,000. The cost estimate to locate the park at the original site with the necessary fill is approximately $356,000 ($40,000 more than the original estimate). Trueblood noted it may be possible to obtain the fill material from the water plant site, reducing the cost by $12,000-$20,000. (NOTE: It was determined later that fill material is not available from this site.) Trueblood reviewed the two plans. He noted that to construct the skate park on the original site, some type of ramp would be necessary to make the park accessible to persons with disabilities. The other alternative plan moves the park closer to Dubuque Street, which includes access from the Dubuque Street trail and it would be accessible. Gustaveson felt the second alternative was a better location for the park, noting the additional access from the Dubuque Street trail. He noted previous opposition by at least one City Council member to the Terrell Mill Park site, and questioned whether the City Council would approve moving the skate park closer to Dubuque Street. Trueblood indicated he would be taking the plans to the City Council's work session on Parks and Recreation Commission May 9, 2001 Page 2 of 4 Monday, May 15th. Endel asked if the project included landscaping. Trueblood noted the alternative has additional landscaping components, and because of the fill the concrete components will be less visible. Endel favored the alternative site because it moves the skate park away from the park shelter. Gustaveson also favored the alternative site due to increased accessibility. Moved by Gustaveson, seconded by Endel, to accept the second alternative plan for the skate park in Terrell Mill Park. Unanimous. (NOTE: This is the plan that relocates the skate park to the southeast.) WEEBER-HARLOCKE NEIGHBORHOOD Spokespersons for the Weeber-Harlocke Neighborhood Association, Judith Klink, Robyn Shrader and Bill Graf, plus other neighborhood residents were present to discuss the purchase of the four- acre parcel owned by Southgate Development. Judith Klink referred to the material included in the Commission packet. She noted in the past the Commission has heartily endorsed acquisition of parkland in the Miller-Orchard Neighborhood Open Space District, with the problem always being financing. The market value of the four-acre parcel is unknown; records indicate Southgate Development purchased the land for $175,000. Klink noted the developer had indicated he would be willing to sell the land for $400,000. The neighborhood would like the City to write a letter to the developer asking them to enter into constructive negotiations to purchase this parcel. Gustaveson asked if Southgate Development had other development plans for the parcel. Robyn Shrader noted the area is zoned RM44 for high-density development, and a third attempt by the developer to obtain City approval for development of this area was denied due to access and high traffic issues. Klink noted the various attractive aspects of the land, how it could be developed and possib]e funding (Community Development Block Grant, REAP, and other smaller grants). Another option the neighborhood is willing to investigate is a neighborhood bond issue. She indicated the neighborhood is not asking for parkland acquisition funds, but for the Commission's support. Klink reported FIRST has shown their support by offering $3,000 towards the planning of a trail to link this area to the Miller/Orchard parkland on Benton Street. Trail connectivity was questioned and discussed. Bill Buss noted one piece of the trail could go across his land, with the possibility that most of the trail could go along the border of two other properties, with minimal impact on the interest of the adjacent property owners. Trueblood asked if the other property owners are on board; KJink stated the neighborhood would be willing to contact them. Stroh noted previous plans to widen Benton Street and to create a pedestrian overpass. He felt once this occurred a trail system would fall into place. Pruess asked if it was possible to get to the Benton Street parkland from the Southgate property; Klink noted an existing well-worn path. Shrader presented the commission with 310 signatures of people that live in the area asking the City Council to make acquisition of this parkland a top priority. Trueblood asked if the petition had been presented to the City Council; Shrader replied last week. Shrader noted they presented the petition to the City Council to keep them abreast of the situation in light of Southgate Development's threat of a lawsuit. She stated they are asking the Commission to initiate the Parks and Recreation Commission May 9, 2001 Page 3 of 4 negotiation process with the cloveleper. Shracler statocl if the Commission supports this effort, Southgate Development might be more receptive to beginning constructive negotiations with someone who has authority to clo so. Pacha stated from his point of view that he generally supportoct accluiring parkland in this area. He notoct his concern about the uncertainties in terms of funcling, ancl was not in favor of spencling $400,000 for this piece of property. He notoct the parklancl acquisition funcl no longer receives a portion of the hotel/motel tax. Streh notoct from a philosophical ancl functamental view the Commission neeclecl to support the iclea of acquirinc.j this property, which is consistent with the Neic.jhborhoocl Open Space Plan. He felt trails were a non-issue in this matter. He noted the question becomes funcling ancl valuation of this property. It is unknown what can be cleric on this property ancl the only way to fincl out is to begin negotiations. Gustsrosen notoct the work cleric by the neighborhoocl association ancl was in favor of starting the negotiation process to determine if purchase of this property is feasible. He was not in favor of sportcling $400,000 for this property or even $250,000 if there was insufficient funcling. Pruess slatoct he fully supportoct acquisition of this property, but not at $400,000. If the amount was one-half of that figure, he woulcl support it. He notoct in .January of .1~)98 the City Council took away the hotel/motel tax revenue from the parkland acquisition fund, which hacl amountoct to $'135,000 over three years. The Commission opposecl this at that time, with City Council instructions being to come to them when funcling was neeclocl. He noted the Miller-Oreharcl Open Space District is the #'1 priority for obtaining parklancl. Endel stated she was nervous throwing arbitrary figures areuncl, noting staff shoulcl work with an appraiser ancl sit clown with the cloveleper to cliscuss the figure. Ostregnai felt $400,000 for this property was overpricecl, noting $1~315,000, which allows for four-percent interest since the property was purehasecl woulcl be an acceptable price. Melissa Ruhlow notoct the neighborhoocl association also went back to the oric. tinal purchase of the lancl anti estimatecl appreciation to be $4,800 per year. The neighborhoocl association fools a fair price shoulcl be given to the cloveleper, allowing to some extent to help the cloveleper recoup his architectural, engineering ancl legal expenses. Gustsrosen askeel about potential funcling. Klink inclicatecl the purchase might be eligible for a Community Development Block Grant. Truebloocl notoct if grants wore obtainoct, the funcls woulcl not become available for quite some time; CBDG funcling woulcl not be available until a year from this .July, ancl REAP funcling woulcl not become available until .January '1st. If the Commission was in favor of staff pursuing acquisition, the City might have to front the money ancl then apply for possible grants. ~/loved by ~Stroh, seconded by Endel, to support the efforts of the I/~/eebor-Harlocke hleic~hborhood Association in Dursuin~ acquisition of the four acre parcel on Hatlocke 1Street, and direetincl staff to initiate nec~otiations with the owner to purchase same at a reasonable price. IJnanimous. Pacha askeel staff to keep the Commission apprisecl of its progress. Truobloocl askeel the noighborhoocl spokespersons if purchase of this property comes to fruition, if they were willing to assist the City in pumuinO possible grants; Klink inclicatecl they woulcl clo so. Ruhlow notoct the neighborhoocl woulcl also be willing to wait to clovelop the property until such time as funcls became available to clovelop it to its fulleat potential. Graf reiteratecl the neighborhoocl was willing to pursue creative funcling ancl to assist staff with the necessary legwork to see this happen. Parks and Recreation Commission May 9, 2001 Page 4 of 4 ANNUAL PARK/FACILITIES TOUR After discussion, the Commission agreed to wait until the September meeting to conduct the annual tour to see recently completed projects and those that are in progress. Stroh asked that an agenda be developed to give focus to the tour, such as projects completed this year and what projects staff would like to complete next year. COMMISSION TIME Pruess asked if staff has determined if it is possible to put a curb cut near the Irving Avenue connection to Willow Creek Trail. Trueblood indicated it may not be possible due to its close proximity to a stormwater inlet, but noted he would follow-up on it. Pruess felt a solution should be found, noting the current situation is dangerous. Stroh reported the City of Coralville will begin construction of the Clear Creek trail and the University of Iowa will provide connection from the soccer field area over to West High School, a north-south connection to the Clear Creek trail. CHAIR'S REPORT Pacha reminded the Commission that the June 13th meeting would begin at 4:00 p.m. ADJOURNMENT The meeting adjourned at 6:10 p.m. APRIL 19, 2001 -7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Dean Shannon, Benjamin Chair, Marilyn Schintler, Don Anciaux MEMBERS ABSENT: Pare Ehrhardt STAFF PRESENT: Mitch Behr, Bob Miklo OTHERS PRESENT: Larry Schnittjer, Dave Hodge, Jim McCarragher, Joe Leu, Pat Ringham, Karen Parker, Joe Haman RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, REZ01-00007/SUB01-00006, a City initiated application to rezone 24 acres from P, Public to OPDH-5, Planned Development Overlay, and an amended preliminary plat and OPDH plan and a final plat of the Peninsula Neighborhood, First Addition, a 35.99-acre, 73-1ot subdivision located at the west end of Foster Road. Recommended approval, by a vote of 6-0, REZ01-00005, a City initiated application to rezone property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place) from P, Public to CB-10, Central Business District and to amend the Zoning Code to allow public, municipal parking facilities as a permitted use in the CB-10 zone. Recommended denial, by a vote of 6-0, SUB01-00003, a preliminary plat of Prairie Edge Subdivision, a 5-lot, 5.66-acre subdivision located on the west side of Prairie du Chien road and north of Linder Road. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg announced vacancies for the Planning and Zoning Commission, Housing and Community Development Commission and Historic Preservation Commission. She said the Historic Preservation Commission needs someone from Brown Street. REZONING ITEMS: REZ01 ~00007/SUB01-00006. Discussion of a City initiated application to rezone 24 acres from P, Public to OPDH-5, Planned Development Overlay, and an amended preliminary plat and OPDH plan and a final plat of the Peninsula Neighborhood, First Addition, a 35.99-acre, 73-1ot subdivision located at the west end of Foster Road. Miklo gave staff report. He said the original 24 acres included the area on which the Elks Club have an easement for the golf course. Rather than use that area for density the revised plan transfers the 24 acres in the lowlands. Staff recommends approval of the rezoning Planning and Zoning Commission Minutes April 19, 2001 Page 2 Schintler asked about the use of the outlot. Miklo said both 24-acre sites will eventually be zoned P for Public. Schintler asked why they didn't do that originally. Miklo said the original site was the logical configuration. He said after the Elks objected, the City decided to use the other 24 acres to assure that there is no delay in the building of the Peninsula Neighborhood. Public discussion open: There was RORe. Public discussion closed. MOTION: Chair moved to approve REZ01-00007/SUB01-00006, a City initiated application to fezone 24 acres from P, Public to OPDH-5, Planned Development Overlay, and an amended preliminary plat and OPDH plan and a final plat of the Peninsula Neighborhood, First Addition, a 36.99-acre, 73-1ot subdivision located at the west end of Foster Road. Anciaux seconded the motion. The motion carried on a vote of 6-0. REZ01-00006/SUB01-00005. Discussion of a rezoning application from Arbor Hill Condominiums to amend the OPDH-8, Overlay Planned Development Housing Plan and preliminary plat for Washington Park Addition Pad 11 (Arbor Hill) a 2-lot, 8.2-acre subdivision located north of Washington Street on Arbor Hill Circle. Miklo gave staff report. He said this plat is part of a larger development begun in the 1970s. A portion of the property was subdivided and rezoned last year to allow the development of lots 229 to 234 within the RS-5 zone. The applicant is now proposing to add 16 units to Lot 2 and an additional unit in the existing 6-plex building on Lot 1. The zoning allows 30 units; 16 are being proposed. It is in compliance with the Comprehensive Plan and compatible with the surrounding neighborhood. Staff is recommending approval. Chair clarified that on Lot I a unit would not be added to the existing building but would be inside the existing footprint of the building. Miklo said he believed it would be in the basement. Public discussion open: Bovbjerg asked how the storm water will go and who will maintain the basin. LarP/Schnittjer, 1917 South Gilbert Street, Iowa Citv, Iowa, said he had been talking with neighbors who are concerned that more water will be thrown on them. He pointed out the route of the storm water on the map and explained it. Chair asked if less water would be going into the existing drainage way than currently goes there. Schnittjer said yes. Bovbjerg asked if neighbors to the east have experienced problems since construction. Planning and Zoning Commission Minutes April 19, 2001 Page 3 Schnittjer said the neighbors related to him that they have experienced more water since construction in the northern part. Bovbjerg asked if those backyards were what he referred to as the swale. Schnittjer said there are two swales; one in the existing backyards and one in the proposed backyards. Anciaux asked about route of water from driveways and streets. Schnittjer pointed out and explained a series of catch water basins leading to the storm water basin. Anciaux asked if Schnittjer thinks there will be less water in the backyards than there is now. Schnittjer said yes when construction is completed. He said during construction there might be more water than they would like but probably not more water than there is now. Anciaux asked the estimated time of completion. Dave Hodfie, Hodqe Construction, said he believes the duration of the project would be two years. He said they would do silt fencing or whatever is necessary to keep water on the property and not on the neighbor's property. He explained the style of the buildings. Shannon asked why they decided to under-build the property. Hodge said he felt this density would sell better with more green space. Anciaux asked the price of the units. Hodge said approximately $190,000 per unit. Bovbjerg asked who takes care of the existing storm water basin on Lot 1. Hodge said a Home Owner's Association would be developed and they would take care of that. Hansen asked the street width of Arbor Hill Circle. Schnittjer said 25 feet and it is a private street. He said hardly anyone parks there now but staff has allowed for parking on one side. Bovbjerg asked if there is space between street and sidewalk. Schnittjer said 6 feet, which is standard. He said he had hoped to have the sidewalk closer to the street so the structure could be closer to the street and further from the neighbors but it is a city requirement. Anciaux asked how far it is from lot line to back of the house on east side. Schnittjer said 42 ¼ feet. Jim McCarraqher, 103 Bowlin~ Green Place, said their main concern is the water that will be channeled to the area in their backyard. He said with a good rain they have water build up to a Planning and Zoning Commission Minutes April 19, 2001 Page 4 sizable swale in their backyard. He said this is the beginning of Ralston Creek and it can't handle this amount of water. He said the proposed buildings would be in the swale. He is afraid they'll grade, narrowing the swale, which will increase the velocity. He said they are going to take out about 30 rooted trees, which absorb more water than flat grass. He said they are concerned about the loss of green space. Fewer units are being proposed but they are the same size building. He said when they bought out there, they knew what was planned and there was lots of green space. Hansen asked if there have been complaints about storm water in this area. Miklo said he would check with Public Works. Shannon said Schnittjer said most of the water would go into Lot 1. He asked McCarragher if he thought that wasn't true. McCarragher repeated his concerns about water. Joe Leu, 127 Bowlinq Green Place, said he has live there for 15 years. He said he has a drainage grate in the corner of his yard and that there has been so much water at times that the grate has moved and he has had to fill with dirt. He said the water has increased drastically since development to the north. He said the retention that is there is too far north and doesn't help them at all. Schnittjer again showed the storm water systems in the area on the map. Hansen asked if those were functioning effectively. Schnittjer said he did not know. He said he didn't know if someone had inadvertently modified those. Miklo said Public Works would investigate. Anciaux asked if the City owned the catch basins in the backyards. Miklo said they are on private property. Pat Rinqham, 35 North Westminster Street, spoke of her concerns about water. She said the accumulation is unbelievable. She said her property could not handle any more water. Shannon asked if someone has modified the catch basins, could someone be held accountable. Miklo said since there is an easement, the City can go in and repair them. Karen Parker, 25 North Westminster Street, spoke of her concerns about water that gets within six feet of her back door. She said they cannot handle anymore water. She said there has definitely been an increase in the last four years. Public discussion closed. MOTION: Chair moved to defer REz01-00006/SUB0'I-00005, a rezoning application from Arbor Hill Condominiums to amend the OPDH-8, Overlay Planned Development Housing Plan and preliminary plat for Washington Park Addition Part 11 (Arbor Hill) a 2-lot, 8.2- Planning and Zoning Commission Minutes April 19, 2001 Page 5 acre subdivision located north of Washington Street on Arbor Hill Circle. Shannon seconded the motion. Chait said the developer suggested that when this project is done, there would be less water in the backyards than there is now. He said he understands that more water will be diverted with this development. He said it should be looked at not requiring the sidewalk be six feet from the street if it would be better to have the six feet in the backyard. The motion carried on a vote of 6-0. REZ01-00005. Discussion of a City initiated application to fezone property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place) from P, Public to CB-10, Central Business District and discussion of an amendment of the Zoning Code to allow public, municipal parking facilities as a permitted use in the CB-10 zone. Miklo gave staff report. He said there is a mix of public and private uses and ownership. Public discussion open: There was none. Public discussion closed. MOTION: Chait moved to approve REZ01-00005, a City initiated application to rezone property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place) from P, Public to CB-10, Central Business District and to amend the Zoning Code to allow public, municipal parking facilities as a permitted use in the CB-t0 zone. Anciaux seconded the motion. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: SUB01-00003. Discussion of a preliminary plat of Prairie Edge Subdivision, a 5-lot, 5.66-acre subdivision located on the west side of Prairie du Chien road and north of Linder Road. Miklo gave staff report. He said City standards apply to this area. He said the plat does not comply with City standards or with the requirements of the Fringe Area Agreement, which are the main reasons for staff recommending denial. Public discussion open: Joe Haman, 2788 Crov Road, NW, Swisher, Iowa, said he owns farmland north of this. He said there has never been water problems or erosion. He said the drainage of the storm water system would flow through his property. He voiced concern about the type and location of the proposed septic system. He said the design of this development would have a negative effect on his farm property. Public discussion closed. MOTION: Anciaux moved to deny SUB0'I-00003, a preliminary plat of Prairie Edge Subdivision, a 5-lot, 5.66-acre subdivision located on the west side of Prairie du Chien road and north of Linder Road. Schintler seconded the motion. The motion carried on a vote of 6-0. Planning and Zoning Commission Minutes April 19, 2001 Page 6 Shannon moved to approve the minutes of the April 5, 2001 Planning and Zoning Commission meeting as written. Hansen seconded the motion. The motion carried on a vote of 6 - 0. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett ppdadmln/min/p&z04-20zj1 doc PLANNING AND ZONING COMMISSION May 3, 2001 - 7:30 P.M, CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Dean Shannon, Benjamin Chair, Marilyn Schintler, Don Anciaux, Pare Ehrhardt STAFF PRESENT: Mitch Behr, Bob Miklo, Ron Knoche OTHERS PRESENT: Larry Schnittjer, John Cruise, Jim McCarragher, In/in Pfab RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, REZ01-00006/SUB01-00005 a rezoning application from Arbor Hill Condominiums to amend the OPDH-8, Overlay Planned Development Housing Plan and preliminary plat for Washington Park Addition Part 11 (Arbor Hill), a 2-lot, 8.2-acre subdivision located north of Washington Street on Arbor Hill Circle. Recommended approval, by a vote of 7-0, VAC01-0002, a City initiated vacation of the portion of Hemingway Lane located west of Russeft Drive. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:38 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg announced vacancies for the Planning and Zoning Commission, Housing and Community Development Commission and the Library Board. REZONING ITEM: REZ01-00006/SUB01-00005 Discussion of a rezoning application from Arbor Hill Condominiums to amend the OPDH-8, Overlay Planned Development Housing Plan and preliminary plat for Washington Park Addition Part 11 (Arbor Hill), a 2-lot, 8.2-acre subdivision located north of Washington Street on Arbor Hill Circle. Miklo gave the staff report and said the main concern is with drainage and the possible effects on the properties to the east. Ron Knoche, Senior Civil Engineer, showed illustrations of the current plan and the proposed plan with grading plans. He had met with Chris Steffan of MMS Consultants two more times. He showed the flow and detention areas. He gave figures for cubic feet per second, CFS, decrease with proposed plan for 5-year and 100-year storms. Ehrhardt asked if it is possible to put in the swale they are adding prior to construction. Knoche said yes that is normal procedure. Anciaux asked if silt runs off this property onto others, who is responsible. Knoche said it is the developer's responsibility. Knoche showed where the drainage easement would be with the new development. Planning and Zoning Commission May 3, 2001 Page 2 Bovbjerg asked about the water from the four eastern units being directed to the road and not to the back. Knoche said currently the plan takes half of the roof area and directs it to the front, Bovbjerg asked about having water from the back of the buildings directed to the front. Knoche said that is an architectural decision. Chair said the decrease in water is pretty significant. He said he thinks they could feasibly get the water from the back directed to the front and that would make the decrease in water that much more significant. Bovbjerg asked how much does this properly affect current problems in the neighborhood. Knoche said he believes with the current plan it will help the current problems of water in the backyards of Westminster and Bowling Green. He said the property as it is now is not a big contributor to the current problems. Shannon asked if the two northern basins not on this property are figured in this calculation. Knoche said they are a separate detention so not figured into the calculations. Knoche showed the storm sewer system routes on a map. Anciaux asked if storm sewer systems are owned by the City. Knoche said they are within easements. Anciaux and Knoche discussed location and ownership of pipes and storm sewers. Hansen asked what happens if it doesn't work. Miklo said based on City engineer's review, it should work. Chair said that is why people have liability insurance in professional business. Behr said the developer would have to meet the plan approved by the City. Then property owners have civil remedies, Schintler asked Knoche if he thinks it would work. Knoche said yes he believes the flow of water will decrease not increase, Public discussion open: John Cruise, 905 Bluffwood Drive, is one of the four owners. He said they are there to meet the requirements of the City. Ehrhardt asked how the meeting with the neighbors went. Planning and Zoning Commission May 3, 2001 Page 3 Cruise said all of the owners were there as well as the engineer and they understand their concerns. He said he has worked with MMS for twenty-five years and thinks they do a great job. Jim McCarra~her, 103 Bowlinq Green Place, presented his neighborhood's concerns. He passed around pictures of the standing water in their backyards. He said he understands the decrease in water to be negligible. He said their hope is that if this is approved, that it be approved with enough qualifications and conditions that the error doesn't fall back on their side. He showed a video of the area. Ehrhardt suggested that McCarragher contact the Soil and Conservation Department about their existing water problem. Schintler asked Knoche if the water that they get that causes the problem is from the north area. Knoche said in the watershed they are in, the water to the north is unregulated because it is undeveloped. Knoche pointed out that any changes that have been made to the backyards such as raised planters adversely affect the water flow. He said for new developments there are drainage easements so you can't build in those areas of the backyard. Anciaux said he thinks the problems in the entire area warrant further study by the City. Larry Schnittjer, 1917 South Gilbert Street, said he has reservations about how the rear roofline and drainage is going to work. He is concerned about requiring it unconditionally because you may have downspouts going across windows on the side and he doesn't want to jeopardize the aesthetics. He said Hodge Construction is looking at that. Irvin Pfab, 505 East Jefferson, Iowa City, Iowa, asked if the velocity would make a change for the worse even if the amount of water were the same. Chait said the CFS calculations take into consideration the volume and velocity. Knoche confirmed this and explained it. Public discussion closed. MOTION: Shannon moved to approve REZ01-00006/SUB01-00005 a rezoning application from Arbor Hill Condominiums to amend the OPDH-8, Overlay Planned Development Housing Plan and preliminary plat for Washington Park Addition Part '11 (Arbor Hill), a 2- lot, 8.2-acre subdivision located north of Washington Street on Arbor Hill Circle. Anciaux seconded the motion. Shannon said he was concerned that this development not hurt this neighborhood and he doesn't think it will add to their problems. He said he thinks the City should look at the existing problems and whether something can be done. Ehrhardt said she thinks the problems exist and she is convinced that it won't get worse. She said they have to rely on their engineers. She again suggested that the neighborhood seek help from the Water and Soil Conservation Service. Schintler said she believes what the engineers say and that it won't get worse. Planning and Zoning Commission May 3, 2001 Page 4 Hansen suggested that the neighborhood contact Marcia Klingaman to facilitate a meeting. He gave out his home phone, because he wants to know if there are more problems after the units are in. Chait said this has been a good example of the system of review in place and the cooperation between developers, City and neighbors. He said he believes some of the existing problems have nothing to do with this development. Bovbjerg said the voting has to be on this project, which doesn't pose more problems and not on current water problems. Hansen said he wanted to go on record to suggest that the City Council help these people. The motion carried on a vote of 7-0. VACATION ITEM: VAC01-0002. Discussion of a City initiated vacation of the portion of Hemingway Lane located west of Russell Drive. Miklo gave staff report. He said because of the recently approved redesign of the South Pointe Subdivision it is necessary to vacate this portion of Hemingway Lane. Public discussion open: There was none. Public discussion closed. MOTION: Anciaux moved to approve VAC01-0002, a City initiated vacation of the portion of Hemingway Lane located west of Russell Drive. Ehrhardt seconded the motion. The motion carried on a vote of 7-0. Hansen moved to approve the minutes of the April 19, 2001 Planning and Zoning Commission meeting as written. Ehrhardt seconded the motion. The motion carried on a vote of 7 - 0. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett ppadm~n\mins\p&z5 3 01 doc M,NUTES PRELIMINARY PLANNING AND ZONING COMMISSION MAY 17, 2001 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS ,~ Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Dean Shannon, Marilyn Schintler, Don Anciaux, Pam Ehrhardt OTHERS PRESENT: Benjamin Chair STAFF PRESENT: Mitch Behr, Bob Miklo, John Yapp, Shelley McCafferty OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, REZ01-00009, an application submitted by the Historic Preservation Commission to designate property located at 307 East College Street (Old Public Library) as an Iowa City Historic Landmark. Recommended approval, by a vote of 6-0, a change to the Conditional Zoning Agreement for REZ01-0002, stating that the access easement be permitted to be reduced to 30-feet in width, and be permitted to be shifted west and north to be adjacent to the landscaped buffer parallel to Highway I; to allow for the use of architectural metals; and to allow two freestanding signs. Recommended approval, by a vote of 6-0, SUB99-0025, an application submitted by the Ethel Cole Estates for a preliminary and final plat of White Barn Estates, a 30.44 acre, 3-lot subdivision located at 4675 American Legion Road. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg announced a vacancy for the Planning and Zoning Commission. REZONING ITEMS: REZ01-00009. Discussion of an application submitted by the Historic Preservation Commission to designate property located at 307 East College Street (Old Public Library) as an Iowa City Historic Landmark. Miklo gave staff report. He said the property has been nominated for landmark status by the Historic Preservation Commission based on their requirements of eligibility. He said the duties for the Planning and Zoning Commission are very specific. It is not the Commission's charge to decide if it deserves historic status. They must review the nomination with respect to the relation to the Comprehensive Plan, Zoning Ordinance and proposed public improvements and other plans for the renewal of the area involved. He said the Comprehensive Plan supports preservation of historic buildings in downtown. Specifically, the plan mentioOs the old library as a key building in efforts to market downtown as a historic destination. He said the property is zoned CB-10, Central Business District, which allows a wide range of retail, service, office, entertainment and residential uses. He said in staffs view the landmark designation would not be in conflict with this zoning. He said there are no urban renewal plans that conflict with the designation. Ehrhardt asked about the Planning and Zoning Commission's role if the newer part is torn down and a new building built. Planning and Zoning Commission Minutes May 17, 2001 Page 2 Miklo said if the Council passes landmark status, review a new development would not come back before the Planning and Zoning Commission. He said it is a CB-10 zone and they would not have site review. He said the Historic Preservation Commission has some control over design review. Michael Gunn, Chair of the Historic Preservation Commission, said the new territory for the Historic Preservation Commission is to have a rather large commercial building downtown to review. He said because they designate the property as landmark and not just the library, they would have some design review over anything that is demolished and rebuilt. Ehrhardt clarified that they would have site review for the lot, whether a new addition was attached or detached. Gunn said yes. Anciaux asked why the Historic Preservation Commission waited till now to stad the nomination process. Gunn said the threat of demolition speeded up the process. He said they were in the process of reviewing the downtown and several other buildings of historic significance. A survey that was done was just completed. He said the process for landmark designation is very lengthy. Shannon asked if their intention was to actually save and restore the building. Gunn said their interest is to save the Carnegie Library. He said they want to save the exterior; by ordinance they can only save the exterior. They don't have control over the interior or it's use. Shannon asked if the owner would be able to get financial help for the upgrade. Gunn said he didn't think he could expect any financial help from the City. He explained some possibilities through federal programs. Schintler asked if there is any incentive for them to restore the building as it was. Miklo said there are some federal tax incentives as well as possible local property tax abatement. Anciaux said he thought this property had no national historic significance, so would federal tax credits still be available. Miklo said even if something is not significant on a national level, it could still be listed on the National Register of Historical Places. Bovbjerg clarified that by designating more than just the structure; the Historic Preservation Commission would have review over more than just the Old Library. Gunn said yes. Bovbjerg asked about the uses of the property and whether it would conform to other CB-10 rules and regulations. She said that is not what they're looking at tonight but asked Gunn or Miklo to speak about that. Gunn said architecture, position and height are inconsistent with the ground floor commercial zoning that is in place. He said the potential addition has very little access to the street. He said this property is different from most buildings downtown in this regard. He said strong consideration for an exception to the ground floor commercial zoning should be given for this unique building. Bovbjerg asked what the Planning and Zoning Commission's role would be if any if this were to have an exception. Miklo said there are two possibilities. One would be a variance, which would be very difficult. The other would be a code amendment to the zoning ordinance to allow ground floor uses other than commercial in some instances. Schintler asked what the zoning is for the Old Press Citizen Building. Planning and Zoning Commission Minutes May 17, 2001 Page 3 Miklo said it is CB-IO. He said there is a provision in the zoning that allows housing for elders on the ground floor. Public discussion open: Jackie Briclcls. 714 North Johnson Street, Iowa City, Iowa, said she is Executive Director for Friends of Historic Preservation. She encouraged the Commission to approve of landmark status. This building is part of the historic core of downtown. She said its adaptable use is a strong possibility and a historic building can add to the viability of downtown. She believes preservation and business do go hand in hand. Jeff Schabilion, 431 Rundell, Iowa City, Iowa, said to him and many others the Old Carnegie Library is a historic landmark and so what they are doing today is making something official. He said when it was built it was a tremendous addition to the community both functionally and aesthetically. He said the kind of architecture was deliberated at the national level. He said it is a gem in Iowa City and an asset to downtown. lrvin Pfab, 505 East Jefferson, Iowa City, Iowa, asked who would own the Library. Miklo said Linn Street Partners. Pfab said there is the potentia~ for 50 cents of every dollar to come from federal dollars for restoration. He said he hopes the owners have the foresight to do it right and save it. Susan Zickmund 922 BowerV, Iowa City, Iowa, said the unique beauty of this building spoke to her when they moved here and still does and it needs to be saved. It adds to the ambiance of downtown. A city with attractive historic buildings is one of the features that helps recruit the types of professionals needed in this city. Maqcde RocheHe, 730 North Linn, Iowa CitV, Iowa, said our historic buildings should be protected. She said she once saw photos of old buildings in Iowa City that had been torn down and she was so sad that they weren't saved. She said she is putting in her vote for landmark status. Sallv Mills, 430 Lee Street, Iowa Citv, said it represents a moment of history and it's architecture speaks of nobility. She said it speaks of how the City viewed themselves in 1904 and perhaps still today. She said we need to maintain architectural diversity in the downtown area. Susan Baskett, 1100 Arthur Street, Iowa City, said she is appalled with what has been done in this town especially downtown and was adamant that we must preserve what is left. She said she couldn't imagine the Library being torn down. Public discussion closed. MOTION: Ehrhardt moved to approve REZ01-00009, an application submitted by the Historic Preservation Commission to designate property located at 307 East College Street (Old Public Library) as an Iowa City Historic Landmark. Hansen seconded the motion. Anciaux said he wants to save historic buildings but he would like to not have to wait until the last minute. Schintler said she has no doubt that it fits with the Comprehensive Plan, the zoning ordinance and any renewal in that area. Ehrhardt said the owner, as she understands it, has no objections but that should not influence the decision. They are not changing the underlying zone; so not changing the potential use for the property. They are just protecting the property. She said the other buildings are in the process of being reviewed for historic designation but that it takes a long time. Gunn said they have followed the landmark designation ordinance in an above board way and followed a process that is in place. Ehrhardt said she strongly supports this and is excited about the adaptive reuse. The designation meets the requirements for landmark status. Planning and Zoning Commission Minutes May 17, 2001 Page 4 Shannon said it is more than a pretty building to him; there are a lot of memories. He said that is kind of sentimental, which they can't even consider. He said he is glad the building will be saved. Hansen said he agrees it fits the requirements. Bovbjerg said the Comprehensive Plan mentions saving cultural heritage and landmarks. She said this fits the criteria. The motion carried on a vote of 6-0. REZ01-0002. Discussion of the Conditional Zoning Agreement associated with the proposed rezoning from I-1, General Industrial, to C1-1, Intensive Commercial, for 12.09 acres of property located on the south side of Highway 1, south and west of Westport Plaza. Yapp gave his staff report. Before the Commission are three proposed changes to the Conditional Zoning Agreement proposed by the potential buyer of the properly. The proposals are to shift the location of the access easement parallel to the landscape buffer; to be allowed to use architectural metals to minimize the potential for a blank wall; and to have two freestanding signs instead of one. Bovbjerg asked about the square footage of signs. Yapp said there is a limitation for the square footage of signs but you can have more than one sign within that square footage. Shannon asked about the frontage road in front of Carousel Motors, and whether this access road would link to that. Yapp said it wouldn't link up east of Wal-Mart. Bovbjerg asked who is responsible for linking up with the adjacent property. Yapp said there is one more piece of property to be developed, then the access road will connect. Hansen asked why the current frontage road at Carousel is not continuing through. Miklo said it was originally planned to but the City recognized intersection gridlock at similar sites. Ehrhardt asked about the architectural metal. She said it sounds like it could be all metal. Yapp said the language is such that it would be in combination with other materials. Hansen asked if it's a percentage. Yapp said no because they did not want to design this for them. He said when the Commission asked them to put this language together; the goal was not to have a blank wall. Yapp said they haven't seen a design, but all designs would go to the Director of Planning for approval. Yapp said they could clarify that the architectural metal is in combination with other materials. Anciaux said he doesn't think the developer wants to develop an ugly building because he wants people to want to come into it. There was discussion about exact language. The Commission agreed that architectural metal was okay as long as the final language in the Conditional Zoning Agreement made it clear that it would be used in combination with masonry. Behr said staff would clarify the language based on the Commission's direction. Planning and Zoning Commission Minutes May 17, 2001 Page 5 Public discussion open: Tom Hobart, 122 South Linn, Iowa CitV, Iowa, said he represents the potential buyer of this property who is CarouseF Ford. He said their intent is to use architectural metal in combination with other materials. He said blank walls are not what an auto dearership wants. He explained their request for the access easement for safety and business reasons due to the placement of the building. Ehrhardt explained how they have to plan for the property and the future regardless of who owns it, as a future owner may not have design as a priority. Public discussion closed. MOTION: Anciaux moved to approve a change to the Conditional Zoning Agreement for REZ01-0002, stating that the access easement be permitted to be reduced to 30-feet in width, and be permitted to be shifted west and north to be adjacent to the landscaped buffer parallel to Highway 1. Hansen seconded the motion. The motion carried on a vote of 6-0. MOTION: Shannon moved to approve a change to the Conditional Zoning Agreement for REZ01-0002, to allow for the use of architectural metals. Anciaux seconded the motion. The motion carried on a vote of 6- MOTION: Schintler moved to approve a change to the Conditional Zoning Agreement for REZ01-0002, to allow two freestanding signs. Hansen seconded the motion. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: SUB99-0025. Discussion of an application submitted by the Ethel Cole Estates for a preliminary and final plat of White Barn Estates, a 30.44 acre, 3-lot subdivision located at 4675 American Legion Road. Yapp gave staff report. He said this meets the Fringe Area Agreement and no development is being proposed. The subdivision is to settle the estate for the family. Public discussion open: There was none. Public discussion closed. MOTION: Schintler moved to approve SUB99-0025, an application submitted by the Ethel Cole Estates for a preliminary and final plat of White Barn Estates, a 30.44 acre, 3-lot subdivision located at 4676 American Legion Road. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. Shannon moved to approve the minutes of the May 3, 2001 Planning and Zoning Commission meeting as written. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett POLICE CITIZENS REVIEW BOARD MINUTES - May 8, 2001 CALL TO ORDER Chair John Watson called the meeting to order at 7:00 P.M, ATTENDANCE Board members present: Leah Cohen, Paul Hoffey, Loren Horton, John Stratton and John Watson. Staff present: Legal Counsel Catherine Pugh and PCRB Assistant Sandy Bauer. Captain Tom Widmer was also present. RECOMMENDATION TO COUNCIL - Recommend PCRB By-Law change to read: ARTICLE III. Membership, Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring September 1 .... VIDEOTAPE Motion by Stratton and seconded by Horton to move "PCRB Videotape" to Item 2 on the agenda. Motion carried, 5/0, all members present. Bob Hardy was present and gave an update on the PCRB videotape. Since the PCRB is presently an issue before the Council, Hardy wanted direction as to whether he should go ahead and interview the Chief and the City Manager. Chair responded that the videotape should move forward as planned. Each board member responded with the same direction. Hardy stated the interviews so far have been good. Following the interviews of the Chief and the City Manager, editing will commence, and should be completed within a month. It will be previewed by the board before the final cut. CONSENT CALENDAR Motion by Cohen and seconded by Hoffey to adopt the Consent Calendar as presented: a. Minutes of 4/10/01 meeting Minutes of 4/18/O1 community forum c, ICPD Traffic Stop Demographics - March 2001 d. General Order - Prisoner Transport e. ICPD Use of Force Report - March 2001 ICPD Training Bulletin 01-54 g. ICPD Training Bulletin 01-56 h. ICPD Training Bulletin 01-59 i. ICPD April Training Report ICPD 'training" newsletter, May 2001 Motion carried, 5/0, all members present. SUNSET CLAUSE AND ORDINANCE CHANGES Chair suggested the Board decide what suggestions it would like to make regarding the ordinance and send a letter to the Council with these recommendations. Watson indicated he thought there were some general misunderstandings about the ordinance by council members. Conhie Champion stated she didn't want the board to set policy. Watson called her and explained that the board cannot and does not establish policy, it can only recommend. Nor is the board recommending any change in this. However, the board does recommend policy changes to the City Council. Watson also spoke with Council Member Ross Wilburn. Ordinance issues/concerns were discussed: 8-8-3 N: Recommend change to read: The Board shall review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole. The Board shaft report recommended changes to the Police Department and the City Council. Reconcile what appears to be a one complaint system in the ordinance, which in practice is a two complaint system. Regarding 8-8-2 K: the Board sanctions the two-track system, but recommends the ordinance allow it access to the investigative reports of the formal internal complaints. Hoffey stated "the Board wants to follow the ordinance as it is written, that a formal complaint is one that comes to the PCRB or one that goes to the Police Department. Regardless who handles it, they are both formal complaints. The board wants to see the other one (investigative report) as well as the PCRB complaint." 8-8-2 L. would read "In order to assure external 2 accountability of the actions of the Police Department, aft formal complaint investigations shall be reviewed by the Board and reported to the City Council in its Annual Report." 8-8-3 B. and 8-8-3 C. - The understanding is that a PCRB complaint can be filed with the Board or with the Iowa City Police Department. It doesn't actually say that the ICPD has a separate complaint form. The two track system was addressed by the Board with the City Attorney and the City Council when the Board discovered that the Police Department had a separate complaint form. The result of that meeting was the Investigative Log from the Chief, which gave a more complete picture of the whole complaint system. If the Board has concerns about a complaint on the Log, it would request additional information from the department or the City Council. · The issue of "deference" will also be addressed in the recommendations (8-8-7 B.2). The Board will seek more latitude for it to make its own findings, and to make further comment. Also, change "unsupported" to "not supported." Pugh stated the Board could let the City Attorney know what its concerns are, or the Board could draft the changes and send them to her for her review and consideration with Council. Following lengthy discussion on each issue, Chair stated he would work with Pugh to draft new language and distribute it for consideration at the next board meeting. Pugh stated she would call the City Attorney to advise what is coming. COMMUNITY FORUM The Board commended Captain Johnson on his presentation on Community Policing. Attendees at the forum expressed their appreciation that Captain Johnson stayed to answer questions. NEW BUSINESS PCRB Brochure: Council member Dee Vanderhoef recommended that the word "alleged" be inserted in the first sentence of the second paragraph. Following discussion, board members decided it was not necessary 3 because the word "complaint" is an allegation, not a finding. PCRB Complaint Form: The full page instructions will continue to be attached to the front of the complaint form. PCRB By-Laws: Motion by Horton and seconded by Stratton to recommend that Article III, Section 6, Terms, second sentence be changed to read "Thereafter, Members shall be appointed for terms of four years, with terms expiring on September 1 ." Motion carried, 5/0, all members present, OLD BUSINESS Staff was directed to eliminate the review of Police Polices, Procedures and Practices from the agenda for the next few months. PUBLIC DISCUSSION None MEETING SCHEDULE · Special Meeting May 16, 2001, 7:00 p.m. · Regular Meeting June 12, 2001, 7:00 p.m. Hoffey advised he will be unavailable for meetings from May 22 to June 17. Horton advised he will be absent for the June 12 meeting. BOARD INFORMATION John Watson: Had conversations with Council members Ross Wilburn and Connie Champion about the ordinance. David Baldus invited Watson to attend a meeting with Vivian Berger, a law professor from Columbia University who is a mediator for the New York City Police Review Board. She reported a high success rate of mediation in New York. John Stratton: Contact with a City Council person who phoned about an allegation that he had heard a rumor that one of the local police officers "was going bad." The Council member provided no further information. 4 Watson was also contacted by this council member. Watson suggested he contact the City Manager or the Chief. There is nothing the PCRB can do unless a specific complaint is filed. Stratton also reported contact from a Daily lowan reporter, and the subsequent article that appeared was inaccurate. STAFF INFORMATION Bauer reported contact with NACOLE. Board members directed staff to continue providing them with NACOLE information. EXECUTIVE SESSION Motion by Cohen and seconded by Horton to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds,and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0, all members present. Open session adjourned at 8:40 P.M. REGULAR SESSION Regular session resumed at 8:55 P.M. Legal Counsel was directed to draft a letter in response to the correspondence from the attorney for the complainant in PCRB Complaint//01-02. 5 EXECUTIVE SESSION Motion for adjournment by Cohen and seconded by Hoffey. Motion carried, 5/0, all members present. Meeting adjourned at 9:00 P.M. 6 POLICE CITIZENS REVIEW BOARD MINUTES - May 16, 2001 CALL TO ORDER Chair John Watson called the meeting to order at 7:00 AT!'ENDANCE Board members present: Leah Cohen, Paul Hoffey, Loren Horton, John Stratton and John Watson. Staff present: Legal Counsel Catherine Pugh and PCRB Assistant Sandy Bauer. RECOMMENDATION TO COUNCIL Accept PCRB Memorandum regarding Ordinance Change Recommendations SUNSET CLAUSE AND ORDINANCE CHANGES Watson reported he artended the City Council work session this past Monday at which time the PCRB sunset was discussed. Watson was invited to speak at the meeting, explaining that the Board does not make policy nor does it seek to make policy. The Board can recommend changes of policy. At this meeting it was decided each council member will draft concerns and recommendations regarding the ordinance to the City Attorney. Council Member Mike O'Donnell stated he would also like to hear what the Board's recommendations are. The ordinance will be discussed again at the Council meeting on June 11. Pugh distributed a draft of a memorandum she prepared to the City Council regarding ordinance changes. Discussion followed. Motion by Hoffey and seconded by Cohen to approve the correspondence, as amended, and send it to the City Council. Motion carried, 5/0, all members present. NEW BUSINESS None OLD BUSINESS None PUBLIC DISCUSSION None MEETING SCHEDULE · Regular Meeting June 6, 2001, 7:00 p.m. BOARD INFORMATION None STAFF INFORMATION Pugh spoke with Sarah Holecek who reported the City Attorney's Office has not started drafting any recommended ordinance changes yet. EXECUTIVE SESSION Motion by Hoffey and seconded by Stratton to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds,and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0, all members present. Open session adjourned at 7:37 P.M. REGULAR SESSION Regular session resumed at 8:45 P.M. Motion by Stratton and seconded by Horton to extend the Chief's deadline on PCRB Complaint//00-02 from July 8, 2001, to September 7, 2001 for good cause. Motion carried, 5/0, all members present. Direction was given to Pugh to communicate with the Chief and the complainant. Motion by Horton and seconded by Cohen to review the Chief's Report on PCRB Complaint #00-01 at level 8-8-6 B. 1 (e), performance by Board of its own additional 2 investigation, in accordance with the Ordinance. Motion carried, 5/0, all members present. EXECUTIVE SESSION Motion for adjournment by Horton and seconded by Hoffey. Motion carried, 5/0, all members present. Meeting adjourned at 8:50 P.M. 3 MINUTES-SPECIAL MEETING DRAFT IOWA CITY TELECOMMUNICATIONS COMMISSION WEDMESDAY, MAY 30, 2001 - 12:00 PM CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Jim Pusack, Betty McKray, Terry Smith, Kcmbrew McLeod MEMBERS ABSENT: Cathy Weingcist STAFF PRESENT: Drew Shaffer, Andy Matthews, Mike Bran OTHERS PRESENT: RECOMMENDATIONS TO CITY COUNCIL The Commission voted 4-0 to recommend to the City Council that they approve the cable television franchise transfer from AT&T to Mediacorn. RECCOMENDATION ON AT&T/MEDIACOM FRANCHISE TRANSFER REOUEST Matthews said that Mediacorn appears to have the financial resources to operate the cable television system and ol]'er the services they have indicated they wish to provide. AT&T would likely not permit the transfer to become finalized without Mediatom secunng sufficient financial resources. There have been no adverse legal claims made against Mediatom. The authority of the City is limited in what can be considered when approving a franchise transfer. Failure to take any action within 120 days, or June 26, would result in the franchise being legally deemed transferred. Smith moved and McLeod seconded a motion to recommend to the City Council that they approve the transfer of the cable television franchise from AT&T to Mediacorn. McKray said that she was impressed with the constructive, cooperative attitude of the high-ranking Mediacorn representatives at a past meeting with City officials. By passing a transfer resolution the City is expressing to Mediacorn that the City is glad to have them as a cable television operator and welcomes them to Iowa City. McLeod noted that the City does not have much authority to condition a franchise transfer Pusack said the transfer resolution will help the City and Mediacorn get off on the right foot. The motion passed unanimously. ADJOURNMENT McLeod moved and Pusack seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 12:10 p.m. Respectfully submitted, Cable TV AZ~ninistL2r~